Hi Shilpa ,
Have you send any notice to his address as recorded with you . If not send a Notice through Regd. with A/D to his address stating that he is on unauthorised absence from his place of work and should report for duty with reasonable explanation . I am sure he will not reply . After few days send him a second Notice asking him that he is absconding from his duty without any valid and reasonable reason and why his service should not be terminated .
I agree to Ashis you should not reinstate him .
If he is not a workman as per you Certified Standing Order you can terminate his service in the 3rd Notice .
regds,
Tusher
From India, Mumbai
1Have you send any notice to his address as recorded with you . If not send a Notice through Regd. with A/D to his address stating that he is on unauthorised absence from his place of work and should report for duty with reasonable explanation . I am sure he will not reply . After few days send him a second Notice asking him that he is absconding from his duty without any valid and reasonable reason and why his service should not be terminated .
I agree to Ashis you should not reinstate him .
If he is not a workman as per you Certified Standing Order you can terminate his service in the 3rd Notice .
regds,
Tusher
From India, Mumbai
It's depends up on employment contract, pls note and consider probation period. Even if probation period he has to inform his superior as well management.
I don’t think so; you can take any action such a case.
Also pls consider sr advice..
Nenju
From United Arab Emirates, Dubai
I don’t think so; you can take any action such a case.
Also pls consider sr advice..
Nenju
From United Arab Emirates, Dubai
Hi Shilpa,
As an employer, you have the following rights:
1) Issue him a formal "show cause" notice to explain the reasons for long absenteeism.
2) You may mention in notice that his employment has been terminated on account of long uninformed absenteeism and unprofessional behavior.
3) You can hold his salary and ask to compensate you for losses (if the same is mentioned in appointment letter).
4) If he is holding any company assets, you may ask him to return the same in a stipulated time or seek legal remidies.
5) You may also black list him in your organization (but it will be a very hard step)
There is no point to ask him to join you back. He has shown his unwillingness to work with you.
This above is somehing which everyone will suggest you so did I but as a manager or a HR person you need to understand the reason for leaving the organization in such a short span. It is well said that People do not leave organizations, they leave bosses. So you need to find out if this is true in this case or not. As a manager or HR your focus should always be to built to healthy employer - employee and peer - subordinate relations. He may have left for any reason but one thing is sure he has left with many questions and you have to find the answers for all this.
From India, Mumbai
As an employer, you have the following rights:
1) Issue him a formal "show cause" notice to explain the reasons for long absenteeism.
2) You may mention in notice that his employment has been terminated on account of long uninformed absenteeism and unprofessional behavior.
3) You can hold his salary and ask to compensate you for losses (if the same is mentioned in appointment letter).
4) If he is holding any company assets, you may ask him to return the same in a stipulated time or seek legal remidies.
5) You may also black list him in your organization (but it will be a very hard step)
There is no point to ask him to join you back. He has shown his unwillingness to work with you.
This above is somehing which everyone will suggest you so did I but as a manager or a HR person you need to understand the reason for leaving the organization in such a short span. It is well said that People do not leave organizations, they leave bosses. So you need to find out if this is true in this case or not. As a manager or HR your focus should always be to built to healthy employer - employee and peer - subordinate relations. He may have left for any reason but one thing is sure he has left with many questions and you have to find the answers for all this.
From India, Mumbai
Hi Shilpa,
If thats the case, try reaching out to this employee in person. I am sure he must have signed the appointment letter with the acceptace of resignation formalities.
Many do this here, especially freshers. No matter in one person having the chance to chose from 3 to 4 offers. But once they chose they need to stick.
You could try these:
a) from next time, orient the freshers really well (we think they will understand ..but no - ORIENT them on the consequences of quitting without informing)
b) They can be given ample time to decide to say yes / no to the offer and their parents should also be kept constantly informed about the "necessity" for being true while acceptign the offer
c) In my previous co, we used to hire 20 freshers every year in the Mech Design & Engineering field. Not because of the high demand, but because we know that only 10 will be able to survive...the rest all will fall in the category like the NIT student - leave for a better offer (better money rather!)
We have stopped making a deal out of it.
From India, Madras
If thats the case, try reaching out to this employee in person. I am sure he must have signed the appointment letter with the acceptace of resignation formalities.
Many do this here, especially freshers. No matter in one person having the chance to chose from 3 to 4 offers. But once they chose they need to stick.
You could try these:
a) from next time, orient the freshers really well (we think they will understand ..but no - ORIENT them on the consequences of quitting without informing)
b) They can be given ample time to decide to say yes / no to the offer and their parents should also be kept constantly informed about the "necessity" for being true while acceptign the offer
c) In my previous co, we used to hire 20 freshers every year in the Mech Design & Engineering field. Not because of the high demand, but because we know that only 10 will be able to survive...the rest all will fall in the category like the NIT student - leave for a better offer (better money rather!)
We have stopped making a deal out of it.
From India, Madras
I agree with Saurabh. Such an employee would serve no purpose even if he is caught and forced to continue. Better send a notice, intimate in writing with a copy in daily newspapers with a deadline that after a certain time or date, the services would be deemed as terminated. Legal notice or FIR would be required if some official documents/property lies with the employee.
From India, Pune
From India, Pune
Shilpa, Forget him if it is a isolated case. however if it is happening often then you need to introspect and rework your policies and procedures
From India, Delhi
From India, Delhi
Shilpa,
I agree with Tusher Majumdar & Saurabh Goyal because you need to strike employees name from payroll for that you need to terminate him & also sending notice will help you in recovery of notice period if any.
Sending a termination notice than F&F notice will send a message to all employees that company is strict in executing its policies. and as this person has taken your company & policies for granted. once he is terminated & asked to settle F&F, the left employee will minimum learn a lesson not to repeat this mistake in future with other companies.
It might be that in past other employees must have left your company in same manner thats what may have prompted him to do same way, so by sending notice & terminating him you can show that Company stands firms on its policies other will learn their lesson from this episode.
There might be other reason so once you send him first notice someone of his friends (within the company) will try to get in touch with you to know about the matter. Ask them to inform him to get in touch with you for just informal taks with the help of which you can find out exact reasons.
RGDS
SNB
From India, Bhopal
I agree with Tusher Majumdar & Saurabh Goyal because you need to strike employees name from payroll for that you need to terminate him & also sending notice will help you in recovery of notice period if any.
Sending a termination notice than F&F notice will send a message to all employees that company is strict in executing its policies. and as this person has taken your company & policies for granted. once he is terminated & asked to settle F&F, the left employee will minimum learn a lesson not to repeat this mistake in future with other companies.
It might be that in past other employees must have left your company in same manner thats what may have prompted him to do same way, so by sending notice & terminating him you can show that Company stands firms on its policies other will learn their lesson from this episode.
There might be other reason so once you send him first notice someone of his friends (within the company) will try to get in touch with you to know about the matter. Ask them to inform him to get in touch with you for just informal taks with the help of which you can find out exact reasons.
RGDS
SNB
From India, Bhopal
I am surprised that most of the replies posted is favouring the employee who has left without any notice. The epicentre of the discussion should be whether to take action or not against the employee as the Company
is the ultimate sufferer. In this case (IT co), a person might have been
appointed and assigned for a project with a team. Suddenly, if he absconds, the particular project will get affected resulting in a serious
loss to the co. such as inviting the wreath of the customer, forcing other
members to do extra work etc.
Further, it is practically not possible (Ash's view) to recruit 20 personnel
for the requirement of 10 resulting in higher costs (as co's need to be
competitive, that too, at recession times)
While we should not / cannot stop anybody from switching sides, but, at the same time we should not encourage employees leaving the company abruptly and a deterrent should be evolved.
To begin with, a notice may be sent to the employee as to why he should not be dismissed from service and a copy can be displayed at the Notice Board, so that a strong message can be sent down the line.
Further, trainees / apprentice can be taken on regular basis so that they can immediately be fitted in the role, so that the cost will be minimised.
please continue your suggestions on this line so that HR community as well as companies would also benefit.
From India, Madras
is the ultimate sufferer. In this case (IT co), a person might have been
appointed and assigned for a project with a team. Suddenly, if he absconds, the particular project will get affected resulting in a serious
loss to the co. such as inviting the wreath of the customer, forcing other
members to do extra work etc.
Further, it is practically not possible (Ash's view) to recruit 20 personnel
for the requirement of 10 resulting in higher costs (as co's need to be
competitive, that too, at recession times)
While we should not / cannot stop anybody from switching sides, but, at the same time we should not encourage employees leaving the company abruptly and a deterrent should be evolved.
To begin with, a notice may be sent to the employee as to why he should not be dismissed from service and a copy can be displayed at the Notice Board, so that a strong message can be sent down the line.
Further, trainees / apprentice can be taken on regular basis so that they can immediately be fitted in the role, so that the cost will be minimised.
please continue your suggestions on this line so that HR community as well as companies would also benefit.
From India, Madras
Dear Ramnag - practicality was the basis on which I poured my views.
Yep we have higher costs - but not at the cost of not having anyone.
For the last 15 years they have enough statics to prove why the freshers will not stay. We have 6 months probation period, during which the non-performer is asked to leave, and even fresher are eligible to leave. Fresher's have a bond too, which comes more in action after the probation period.
-------------
From India, Madras
Yep we have higher costs - but not at the cost of not having anyone.
For the last 15 years they have enough statics to prove why the freshers will not stay. We have 6 months probation period, during which the non-performer is asked to leave, and even fresher are eligible to leave. Fresher's have a bond too, which comes more in action after the probation period.
-------------
From India, Madras
Dear Ram,
Most of us are saying the same thing which you have suggested, then how come we have distracted from the point of discussion??? Almost everyone in discussion has suggested to send notice or terminate employement etc. Do you think it is reasonable enough to follow / chase an employee who does not want to work???
--SG
From India, Mumbai
Most of us are saying the same thing which you have suggested, then how come we have distracted from the point of discussion??? Almost everyone in discussion has suggested to send notice or terminate employement etc. Do you think it is reasonable enough to follow / chase an employee who does not want to work???
--SG
From India, Mumbai
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Legal Clarification on Absconding & Contract Labour.pdf
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