Dear Ag,
You can send those show cause and warning letters and the third letter should say that if you do not respond to this letter and if you do not come to office within seven days after receiving this letter,it will be assumed that you do not want to continue with your services with our organization.Automatically the employee, if he doesnt report back, will be considered terminated.
regards,
Anjali Verma
From India, Gurgaon
You can send those show cause and warning letters and the third letter should say that if you do not respond to this letter and if you do not come to office within seven days after receiving this letter,it will be assumed that you do not want to continue with your services with our organization.Automatically the employee, if he doesnt report back, will be considered terminated.
regards,
Anjali Verma
From India, Gurgaon
Dear Members,
In cases where employees are absconding, it is always possible that the person already has a new job in hand, so termination of earlier job or not issuing any relieving letter does not make any big difference to the person. In fact it is the earlier employer who is the looser as he has spent money in training the candidate, and before he starts generating revenues or output for the company he leaves for an better package.
In such cases I feel there has to be some strict legal action against the employee and the earlier employer should be able to recover the expenses incurred on the absconding employee.
Kindly let me know the provisions for the same, if any
regards,
Yogesh Bhat
From India, Mumbai
In cases where employees are absconding, it is always possible that the person already has a new job in hand, so termination of earlier job or not issuing any relieving letter does not make any big difference to the person. In fact it is the earlier employer who is the looser as he has spent money in training the candidate, and before he starts generating revenues or output for the company he leaves for an better package.
In such cases I feel there has to be some strict legal action against the employee and the earlier employer should be able to recover the expenses incurred on the absconding employee.
Kindly let me know the provisions for the same, if any
regards,
Yogesh Bhat
From India, Mumbai
Comrades,
Why cannot a clause in the employment agreement on the date of joining be added. "I understand that the management has all the rights to terminate the employee who is a no-show to his delegated duties for more than 15 days."
Think we can pick this thorn at the very beginning of the employment itself isn't it?
Regards,
LN Bhattacharya
Why cannot a clause in the employment agreement on the date of joining be added. "I understand that the management has all the rights to terminate the employee who is a no-show to his delegated duties for more than 15 days."
Think we can pick this thorn at the very beginning of the employment itself isn't it?
Regards,
LN Bhattacharya
Hi Ag,
Abandonment of service is a common phenomenon these days and is a known malady in Companies.
I suggest, you may do the following :
1. Send in 2-3 letters to join duty with a certain time (1st letter enquiring
unauthorized absence from duty). HR follows a participative mode and therefore send these letters (drafted by HR) through the respective manager or department head of the absentee. The intent is to ensure that they have put in sincere efforts in finding out the absence of their subordinate (remember, they are responsible; not just HR) and have tried to make calls to him/her seeking reasons and to join duty. 2-3 letters must be spaced out at least in 15 days (reasonable time to respond) given that absence may be genuine (grave accident/illness, etc)
2. Seek an internal communication from the respective Manager/Head of Department (HOD) to HR briefing about the case and efforts put in to find out absence and making the employee join. HR takes on from hereon..
2. Send 1-2 warning letter(s) explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advicing immediate response and to join duty.
3. Send showcause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.
4. Send in a final letter quoting all above letter, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him opportunity to respond.
5. Officially, strike his name off the rolls, writing to him about cessation of his services from the Company. (Please remember, legally speaking, one odd case may seek legal redressal and get back with a reinstatement. The management needs to keep that in mind. But these steps are necessary and must cause a deterrent to erring employees. Hopefully, abandonment cases will reduce once employees know the consequences fair and sound....). On records, the employee has been terminated for abandonment of service.
6. If the employee returns at his sweet time and will, he will have no right or recourse to the job. Neither will he need a relieving letter (terminal letter already served on him). Experience letter is at the convenience of the management. Recommendation certificate must not be given to him.
7. Dues must be calculated from the date of cessation written in the last terminal letter by Accounts/HR. Receivables must be clearly and succintly communicated to the employee and a time given. If not paid by the employee, he may be served a legal notice via an Attorney. One-off legal notices will ensure deterrence amongst other probable absconders.
The biggest job of HR is to create a system, a culture and precedence in the office for all to follow. Once well communicated and the consequences known, employees will not want to abandon jobs like this.. Often, the process or consequences are not well understood or communicated in office.
Incorporating clause(s) in the appointment letter is fine and legally lends credence to a stronger tool with the management. Conduct rules/COC/HR policies must be clear on this subject. Conciliation/arbitration or adjudication (Court) proceedings seek written documentation mainly as evidence as also the manner of fair trial accorded to the absconder (following principles of natural justice). So keep documentation well spaced and perfect..
Hope this helps...
Rahul Kumar
09968270580
__________________________________________________ ___________
Dear Cite HR members,
Greetings to All!!
I work with the HR Team of a Software Development Organization stationed in Delhi.
This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.
Initially we did not have a process to handle these situations and I am currently working on the same. We have drafted a series of letters as soon as an employeess is absent without information. These letters include 1. General letter enquiring about the reason of absence , followed by 2. Show-cause notice, 3. Warning letter and finally a 4. termination letter. SO far so good.
But there have been cases in the past (last several years) where the employees have absconded and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.
Those cases now cant be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for so and so time... so rather a letter saying that we assume that you have voluntarily abandoned your services etc etc...and please settle your dues...
Please advice.
Looking forward to your responses as it is very important and urgent for me.
Thanks in advance!!
Warm Regards,
Ag
From India, New Delhi
11Abandonment of service is a common phenomenon these days and is a known malady in Companies.
I suggest, you may do the following :
1. Send in 2-3 letters to join duty with a certain time (1st letter enquiring
unauthorized absence from duty). HR follows a participative mode and therefore send these letters (drafted by HR) through the respective manager or department head of the absentee. The intent is to ensure that they have put in sincere efforts in finding out the absence of their subordinate (remember, they are responsible; not just HR) and have tried to make calls to him/her seeking reasons and to join duty. 2-3 letters must be spaced out at least in 15 days (reasonable time to respond) given that absence may be genuine (grave accident/illness, etc)
2. Seek an internal communication from the respective Manager/Head of Department (HOD) to HR briefing about the case and efforts put in to find out absence and making the employee join. HR takes on from hereon..
2. Send 1-2 warning letter(s) explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advicing immediate response and to join duty.
3. Send showcause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.
4. Send in a final letter quoting all above letter, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him opportunity to respond.
5. Officially, strike his name off the rolls, writing to him about cessation of his services from the Company. (Please remember, legally speaking, one odd case may seek legal redressal and get back with a reinstatement. The management needs to keep that in mind. But these steps are necessary and must cause a deterrent to erring employees. Hopefully, abandonment cases will reduce once employees know the consequences fair and sound....). On records, the employee has been terminated for abandonment of service.
6. If the employee returns at his sweet time and will, he will have no right or recourse to the job. Neither will he need a relieving letter (terminal letter already served on him). Experience letter is at the convenience of the management. Recommendation certificate must not be given to him.
7. Dues must be calculated from the date of cessation written in the last terminal letter by Accounts/HR. Receivables must be clearly and succintly communicated to the employee and a time given. If not paid by the employee, he may be served a legal notice via an Attorney. One-off legal notices will ensure deterrence amongst other probable absconders.
The biggest job of HR is to create a system, a culture and precedence in the office for all to follow. Once well communicated and the consequences known, employees will not want to abandon jobs like this.. Often, the process or consequences are not well understood or communicated in office.
Incorporating clause(s) in the appointment letter is fine and legally lends credence to a stronger tool with the management. Conduct rules/COC/HR policies must be clear on this subject. Conciliation/arbitration or adjudication (Court) proceedings seek written documentation mainly as evidence as also the manner of fair trial accorded to the absconder (following principles of natural justice). So keep documentation well spaced and perfect..
Hope this helps...
Rahul Kumar
09968270580
__________________________________________________ ___________
Dear Cite HR members,
Greetings to All!!
I work with the HR Team of a Software Development Organization stationed in Delhi.
This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.
Initially we did not have a process to handle these situations and I am currently working on the same. We have drafted a series of letters as soon as an employeess is absent without information. These letters include 1. General letter enquiring about the reason of absence , followed by 2. Show-cause notice, 3. Warning letter and finally a 4. termination letter. SO far so good.
But there have been cases in the past (last several years) where the employees have absconded and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.
Those cases now cant be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for so and so time... so rather a letter saying that we assume that you have voluntarily abandoned your services etc etc...and please settle your dues...
Please advice.
Looking forward to your responses as it is very important and urgent for me.
Thanks in advance!!
Warm Regards,
Ag
From India, New Delhi
Hi Lavanya,
Let me share with you the practice in NTPC. Once an officer is found absent without sanctioned leavr for four continuous days he loses his lien to the post. This provision is contained in the NTPC CONDUCT , DISCIPLINE AND APPEAL RULES.These are applicable to supervisors and executives. Management actions should have the backing of laid rules/policy.An absconding employee does so with a reason. if he does not repsond to communications from the mgmt. clearly indicates that the absconder is intentionally avoiding the notices/commns. The reasons may be many. but the fact remains that he is not responding to the notices.the notices might have not been recieved by him by bribing the postman to record "house found locked", "does not stay on this address", "left this house" etc. Your Orgn. should lay down clear and exhaustive and flexible policy in dealing with such cases. You can ask your law deptt. to send you latest case laws decided by the various High courts and the Hon'ble Supreme court of India on this point. my considered opinion is "employer has every legal right to get rid of employees who abandon their jobs and do not show any interest in their employment. but such a decision should be taken after making a strong case against him with documentary evidence. This cannot be treated as 'retrenchment" under this circumstance under the ID Act.Go ahead and get rid of such employees as soon as possible but cautiously as advised above. u should keep reading Law also on such points so as to understand what is the legal position as on date.
Regards,
Yours truly,
Satish Kumar
Sr. Manager (HR)
NTPC FOUNDATION, NOIDA
From India, Delhi
Let me share with you the practice in NTPC. Once an officer is found absent without sanctioned leavr for four continuous days he loses his lien to the post. This provision is contained in the NTPC CONDUCT , DISCIPLINE AND APPEAL RULES.These are applicable to supervisors and executives. Management actions should have the backing of laid rules/policy.An absconding employee does so with a reason. if he does not repsond to communications from the mgmt. clearly indicates that the absconder is intentionally avoiding the notices/commns. The reasons may be many. but the fact remains that he is not responding to the notices.the notices might have not been recieved by him by bribing the postman to record "house found locked", "does not stay on this address", "left this house" etc. Your Orgn. should lay down clear and exhaustive and flexible policy in dealing with such cases. You can ask your law deptt. to send you latest case laws decided by the various High courts and the Hon'ble Supreme court of India on this point. my considered opinion is "employer has every legal right to get rid of employees who abandon their jobs and do not show any interest in their employment. but such a decision should be taken after making a strong case against him with documentary evidence. This cannot be treated as 'retrenchment" under this circumstance under the ID Act.Go ahead and get rid of such employees as soon as possible but cautiously as advised above. u should keep reading Law also on such points so as to understand what is the legal position as on date.
Regards,
Yours truly,
Satish Kumar
Sr. Manager (HR)
NTPC FOUNDATION, NOIDA
From India, Delhi
Dear All!!
I suddenly see a (upset) MANAGEMENT speaking... where's humane HR manager gone? :-)
We are also supposed to be looking at the welfare of the employee. So what if he's left... he was part of the 'family' till a few days back! wasn't he?
If he's left the organisation then he must have done that for HIS betterment. All through, when he was in the company HR was trying to tell him that company looks after his welfare!!
Since we get salaries from our respective companies it is our duty to safe guard its interests. In my view if we try to play nasty with a going employee it will create a bad name for the organisation. You should be as helpful as possible so that he talks good about the HR department (atleast), if not the company (that he won't in 82% cases) .
It goes without saying that legally one has to serve all those letters that my friends, here, have already mentioned. And keeping the company safe from any legal actions.
But precaution is better than cure. We should mention the termination terms, no experience letter if he leaves in certain circumstances, etc, etc... on the appointment letter itself.
I strongly feel that a leaving employee should go with as less grudges against the organisation as possible for the good of the company. and if he had signed on all those points that could create problems latter then he would be a less grumpy man!! :-)
Regards
akhiil
From India, Delhi
I suddenly see a (upset) MANAGEMENT speaking... where's humane HR manager gone? :-)
We are also supposed to be looking at the welfare of the employee. So what if he's left... he was part of the 'family' till a few days back! wasn't he?
If he's left the organisation then he must have done that for HIS betterment. All through, when he was in the company HR was trying to tell him that company looks after his welfare!!
Since we get salaries from our respective companies it is our duty to safe guard its interests. In my view if we try to play nasty with a going employee it will create a bad name for the organisation. You should be as helpful as possible so that he talks good about the HR department (atleast), if not the company (that he won't in 82% cases) .
It goes without saying that legally one has to serve all those letters that my friends, here, have already mentioned. And keeping the company safe from any legal actions.
But precaution is better than cure. We should mention the termination terms, no experience letter if he leaves in certain circumstances, etc, etc... on the appointment letter itself.
I strongly feel that a leaving employee should go with as less grudges against the organisation as possible for the good of the company. and if he had signed on all those points that could create problems latter then he would be a less grumpy man!! :-)
Regards
akhiil
From India, Delhi
Hi Ag
We have received a lot of suggestion from all our members in that i want to add one suggestion
While the employee is absent by him/her self... we can send a notice letter
by mentioning that in case if you wont reply or inform us with in 7 days then we would file a legal case towards you.......
In case you wont reply you have pay one month of salary to us for not coming to office which depends upon the notice period...
Now a days it is happening in all big companies
Regards
Shilpa.U
From India, Bangalore
We have received a lot of suggestion from all our members in that i want to add one suggestion
While the employee is absent by him/her self... we can send a notice letter
by mentioning that in case if you wont reply or inform us with in 7 days then we would file a legal case towards you.......
In case you wont reply you have pay one month of salary to us for not coming to office which depends upon the notice period...
Now a days it is happening in all big companies
Regards
Shilpa.U
From India, Bangalore
Hi All !
A good discussion is going on. Thanks to all.
I opine that we (HR) should very promptly close the file with termination. There have been cases in past where some employees 'absconded' from job (actually went to gulf countries for 6 - 7 years). Once they came with money and time back, they demanded employment. In legal procedures they loose inveriably but still it eats up your time, money and engergy.
So, even if some time has gone past, we (HR) should list down such cases and 'finish off' their files with series of letters - warning, show cause, chargesheet and termination.
As far as experience letter is concerned, they should be issued experience letter on demand with a remark - Reason for leaving / termination : Unauthorized absenteeism. This should set a good example for them.
From India, New Delhi
A good discussion is going on. Thanks to all.
I opine that we (HR) should very promptly close the file with termination. There have been cases in past where some employees 'absconded' from job (actually went to gulf countries for 6 - 7 years). Once they came with money and time back, they demanded employment. In legal procedures they loose inveriably but still it eats up your time, money and engergy.
So, even if some time has gone past, we (HR) should list down such cases and 'finish off' their files with series of letters - warning, show cause, chargesheet and termination.
As far as experience letter is concerned, they should be issued experience letter on demand with a remark - Reason for leaving / termination : Unauthorized absenteeism. This should set a good example for them.
From India, New Delhi
I have worked abroad. I have not found a problem from been relieved from work either by virtue of buying out the termination period or be relieved in good taste. Why should the experience with Indian companies be such a nightmarish when it comes resigning.
Cant you see if many people are absconding there is more of a people issue which needs to be corrected. People are important there have be some quick confidence building measures put into practice, which will help reinstill.
I think this problem needs to be dealt at a grass root level.
I know I'm on the other side of the fence, but Im just chipping in my 2 cents.
Rgds
From India, Mumbai
Cant you see if many people are absconding there is more of a people issue which needs to be corrected. People are important there have be some quick confidence building measures put into practice, which will help reinstill.
I think this problem needs to be dealt at a grass root level.
I know I'm on the other side of the fence, but Im just chipping in my 2 cents.
Rgds
From India, Mumbai
whatever the steps taken are right. but once he comes back then give him a termination lettr. if he feels bad to hav a temination letter then ask him to give a resignation letter on that day on which he has been irregular. then give him experience letter. might be that letter may help him in future if he is an employee.
From India
From India
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