Legally no action can be taken against them. As already pointed out this is what is called risk in selection. Just take it in another way ( as I have experienced during my short, indeed very short span, with an IT company, we hire one person thinking that we will get a project (perhaps the Marketing person would have told in their meeting that one project which would give the company a handsome of profits is in the pipeline and the same can be finalised once we have personnel to do the project and subsequently HR would have given a 'task' to recruit a person with the required competencies and the HR, in turn, would have carried out a head hunting and finally given the offer) and after the said four or five months we understand that the project will never come (the project is not in our hands but is with some others sitting in US or UK!!) and in such circumstance what is going to happen? We will call the person and ask him to GO. We will even say that you are on probation and during probation we need not give you any notice or notice pay and some one will offer a month's salary. The chapter is closed. Here, the employee loses his job, here and the previous company and probably that will put an end to his career also. Therefore, I would say that take it as selection risk or recruitment error and forget it. Also think that the employee has left because he did not like us, our company, and there may be reasons why he did not like us!!
Madhu.T.K
From India, Kannur
4249Madhu.T.K
From India, Kannur
Please check minutely what compels the employee to abscond after being trained for the project, whether is it salary, environment, lack of confidence etc.
You cannot compel the employee to work for you, instead take their view to understand the situation
From India, Ahmadabad
You cannot compel the employee to work for you, instead take their view to understand the situation
From India, Ahmadabad
Hello Sangeetha,
Madhu.T.K has given you the choices/options you have Post-Absconding of the employee.
However, like Saji mentioned, have you done any exercise to check the possible reasons for this situation?
Also, is this a one-off situation OR is this happening with many employees? Based on your clarifications, this looks more likely.
Don't you think your line "employee has been trained for a particular project for 3 to 4 months and when the project is about to start they have absconded with out any prior information" POSSIBLY is a give-away of some deeper cause/malaise? One possibility that I can see is: the employee must have gathered some info during the training that he/she MAY have thought to be EITHER contrary to what may have been told to him/her earlier OR MAY have felt a situation developing that Madhu TK mentioned [project being cancelled].
Unless you go to the root of the problem,chances are MORE likely that you will end-up resolving the problem thru trail-and-error rather than a focused solution-oriented approach.
All the Best.
Rgds,
TS
From India, Hyderabad
Madhu.T.K has given you the choices/options you have Post-Absconding of the employee.
However, like Saji mentioned, have you done any exercise to check the possible reasons for this situation?
Also, is this a one-off situation OR is this happening with many employees? Based on your clarifications, this looks more likely.
Don't you think your line "employee has been trained for a particular project for 3 to 4 months and when the project is about to start they have absconded with out any prior information" POSSIBLY is a give-away of some deeper cause/malaise? One possibility that I can see is: the employee must have gathered some info during the training that he/she MAY have thought to be EITHER contrary to what may have been told to him/her earlier OR MAY have felt a situation developing that Madhu TK mentioned [project being cancelled].
Unless you go to the root of the problem,chances are MORE likely that you will end-up resolving the problem thru trail-and-error rather than a focused solution-oriented approach.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear All,
I have recently joined a new company which is undergoing transition phase as the commencement of the company took place last year May-16. Since the company came into existence some months ago, management has not yet decided on appraisals for the existing year. The concern is employees are now chasing us to know the status of their appraisal and we have requested them for some more time keeping them informed that management is yet to take a call on appraisal for the existing year.
Not sure this is going to be a right practice. Please advice will this lead to any legal issues?
Regards,
Pravin - HR Associate
From India, Pune
I have recently joined a new company which is undergoing transition phase as the commencement of the company took place last year May-16. Since the company came into existence some months ago, management has not yet decided on appraisals for the existing year. The concern is employees are now chasing us to know the status of their appraisal and we have requested them for some more time keeping them informed that management is yet to take a call on appraisal for the existing year.
Not sure this is going to be a right practice. Please advice will this lead to any legal issues?
Regards,
Pravin - HR Associate
From India, Pune
There is no legal issue. Even the employees cannot ask why they have not been appraised. In fact the apprehensions of your employees is not due to their enthusiasm to know what are their shortcomings or the areas where they should improve but it is all about how much they will get as salary increment. If you declare that since we have not set any individual goals and made any parameters for deciding what should be the salary hike, all of you will get a flat 10% or 20% salary hike, then the situation would change. Then there would be individuals coming and asking for the hike to which he is entitled. This is a common scenario and you need not go into very deep of it.
It is also true that for a good performer, non appraisal and not giving him a salary hike may be irritating and that may even lead him to look for a change. Therefore, in case you have not done any formal appraisal, you can have an informal appraisal considering the factors like attendance, late coming, timely reporting, completion of work/ task, attitude, etc and announce a salary increment. This would serve the purpose for the time being.
Madhu.T.K
From India, Kannur
It is also true that for a good performer, non appraisal and not giving him a salary hike may be irritating and that may even lead him to look for a change. Therefore, in case you have not done any formal appraisal, you can have an informal appraisal considering the factors like attendance, late coming, timely reporting, completion of work/ task, attitude, etc and announce a salary increment. This would serve the purpose for the time being.
Madhu.T.K
From India, Kannur
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Please provide the following information - Employee validation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf