Dear All,
What action can be taken against an employee who leaves the organization without information? The case is that one employee left the organization on June 2nd after taking the salary cheque, thus not serving the notice period and also taking the salary with them. I even sent him an email to submit a resignation as we do not want to spoil his career by issuing a Termination letter. The employee has not submitted the resignation within the specified time limit.
Please suggest, it's urgent!
Regards,
Kshama
From India, Mumbai
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5What action can be taken against an employee who leaves the organization without information? The case is that one employee left the organization on June 2nd after taking the salary cheque, thus not serving the notice period and also taking the salary with them. I even sent him an email to submit a resignation as we do not want to spoil his career by issuing a Termination letter. The employee has not submitted the resignation within the specified time limit.
Please suggest, it's urgent!
Regards,
Kshama
From India, Mumbai
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15 Views & no response!! Hasn’t anybody have an idea on the topic? Plz guide me! Regards, Kshama
From India, Mumbai
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From India, Mumbai
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Dear Kshama,
If possible, talk to him on the telephone. If it is not possible, please serve a notice to the employee's address officially. In the meantime, look for an alternative for his work and start working on a replacement in his place if you believe he is intentionally not coming to the office after receiving his salary.
Ultimately, it is his career, where he will require relieving letters and experience certificates. He may approach you, not immediately, but at a later stage. If he is not interested in working, let him leave; otherwise, he will spoil the culture of the organization.
Hope this will help you.
Murali.
From India, Hyderabad
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If possible, talk to him on the telephone. If it is not possible, please serve a notice to the employee's address officially. In the meantime, look for an alternative for his work and start working on a replacement in his place if you believe he is intentionally not coming to the office after receiving his salary.
Ultimately, it is his career, where he will require relieving letters and experience certificates. He may approach you, not immediately, but at a later stage. If he is not interested in working, let him leave; otherwise, he will spoil the culture of the organization.
Hope this will help you.
Murali.
From India, Hyderabad
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Hi Shama,
The same thing happened in my workplace. One of the guys left without prior intimation/notice with the salary. However, we got a cross-verification for him from his new employer and intimated the matter to them. Also, we are not going to process his PF form from our side.
We have also sent him a termination letter. He is yet to get back to us. In your case too, you should send a termination letter, as there is no point in asking for a resignation from an irresponsible employee.
Regards,
Seema
From India, Pune
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The same thing happened in my workplace. One of the guys left without prior intimation/notice with the salary. However, we got a cross-verification for him from his new employer and intimated the matter to them. Also, we are not going to process his PF form from our side.
We have also sent him a termination letter. He is yet to get back to us. In your case too, you should send a termination letter, as there is no point in asking for a resignation from an irresponsible employee.
Regards,
Seema
From India, Pune
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If the candidate has left without informing and without any proper information, contact him and tell him the importance of leaving an organization with a good name. Inform him that in this way, he will be deprived of full and final settlement in terms of P.F, Superannuation, clearance certificate, and above all, a relieving letter. Tell him wherever he will join, the new employer will cross-check (Reference Check) with the previous HR, and in that case, you will not be able to help. I think a good and convincing conversation with him will help you.
Regards,
Baneet
From India, Hyderabad
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Regards,
Baneet
From India, Hyderabad
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Dear Shama,
You should, at first, speak to the person to find out the reasons for such behavior. Tell him the consequences of leaving the company without following the terms and conditions applicable to him, and that his PF and gratuity are still with the company. He will have to come back to the company for help in these areas. Find out the company he has joined and inform him that the company he is going to join will not receive good feedback about him.
Regards,
Kaush
From India, Kochi
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You should, at first, speak to the person to find out the reasons for such behavior. Tell him the consequences of leaving the company without following the terms and conditions applicable to him, and that his PF and gratuity are still with the company. He will have to come back to the company for help in these areas. Find out the company he has joined and inform him that the company he is going to join will not receive good feedback about him.
Regards,
Kaush
From India, Kochi
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hi shama.. i forgot to add.... u should also take into consideration the past behaviour / general conduct of the person b4 deciding any further... regards, seema
From India, Pune
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From India, Pune
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Hi Kshama,
Initiate the process for abandonment of duties immediately. There are three letters to be sent in succession by Regd. AD.
The first 2 letters will ask the employee to report to work in polite terms. In the third letter, you will draw attention to the earlier letters and then serve a termination notice.
This process will take at least one or two months. A quicker way is to get him to submit a resignation letter.
I agree with Kaushika when she asks you to find out the reasons for such behavior. In my personal opinion, an employee should never be given a reason to abandon duty. Resignations are a part of growth, and all us HR folks must come to terms with it sooner rather than later. Anyone who abandons duty makes me ask the question, "what is going on that is so bad that an employee has to abandon service?" Some suggestions:
1) Speak to his colleagues and try to understand from them why he has behaved in this manner.
2) Put yourself in his position and try to figure out if he had any cause to do this.
3) Was he appraised in the last 4 months? What were the results?
4) Find out what his reporting manager has to say about this action. In my experience, there have been occasions where the manager has sanctioned leave, not intimated HR, and when the employee doesn't resume, then HR is informed about it.
Someone mentioned that PF withdrawal or transfer can be stopped. Do this at your own risk because you are legally not allowed to do so. You may stop the settlement of salary and other dues and relieving, but not PF!
All the best! Hope this has been helpful to you!
Regards,
Ryan
From India, Mumbai
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Initiate the process for abandonment of duties immediately. There are three letters to be sent in succession by Regd. AD.
The first 2 letters will ask the employee to report to work in polite terms. In the third letter, you will draw attention to the earlier letters and then serve a termination notice.
This process will take at least one or two months. A quicker way is to get him to submit a resignation letter.
I agree with Kaushika when she asks you to find out the reasons for such behavior. In my personal opinion, an employee should never be given a reason to abandon duty. Resignations are a part of growth, and all us HR folks must come to terms with it sooner rather than later. Anyone who abandons duty makes me ask the question, "what is going on that is so bad that an employee has to abandon service?" Some suggestions:
1) Speak to his colleagues and try to understand from them why he has behaved in this manner.
2) Put yourself in his position and try to figure out if he had any cause to do this.
3) Was he appraised in the last 4 months? What were the results?
4) Find out what his reporting manager has to say about this action. In my experience, there have been occasions where the manager has sanctioned leave, not intimated HR, and when the employee doesn't resume, then HR is informed about it.
Someone mentioned that PF withdrawal or transfer can be stopped. Do this at your own risk because you are legally not allowed to do so. You may stop the settlement of salary and other dues and relieving, but not PF!
All the best! Hope this has been helpful to you!
Regards,
Ryan
From India, Mumbai
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Hi,
You have to send a termination notice to that employee as he has not submitted his resignation. In this case, you have to be very professional. If the candidate is not interested in following the rules, then let him suffer. I think we should forget his case, issue him a letter, and mention that since he has not intimated before, we are sending the termination letter. Also, do not issue an experience letter. I believe things will work out in this manner.
Dhanashree
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You have to send a termination notice to that employee as he has not submitted his resignation. In this case, you have to be very professional. If the candidate is not interested in following the rules, then let him suffer. I think we should forget his case, issue him a letter, and mention that since he has not intimated before, we are sending the termination letter. Also, do not issue an experience letter. I believe things will work out in this manner.
Dhanashree
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Hi,
I think you really can't do much about it... This happens very frequently nowadays. I am a lecturer, and in our field, this happens very often. All you can do is create an exit process like Gecis has. You can trace the employee and start legal proceedings, but only if the appointment letter specifies the notice period. Even then, you'll be incurring costs on this, and chances are that the result will not be positive for your company.
Regards,
Newlearner
From India, Calcutta
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I think you really can't do much about it... This happens very frequently nowadays. I am a lecturer, and in our field, this happens very often. All you can do is create an exit process like Gecis has. You can trace the employee and start legal proceedings, but only if the appointment letter specifies the notice period. Even then, you'll be incurring costs on this, and chances are that the result will not be positive for your company.
Regards,
Newlearner
From India, Calcutta
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Hi,
From the text of your note, it is not very clear as to how many years the employee was serving your organization. I mean whether he has any balance leave, LTA, or other dues which perhaps can be adjusted instead of spoiling his career in his new organization. As for PF, you cannot do anything as he can transfer that to his new account from his present organization. You can perhaps write a letter in case he is entitled to Gratuity to settle all his dues before settling his terminal claims.
If all efforts fail, you need to talk to him and make him understand the pitfalls he will face once the matter is reported to his present employer.
Regards,
Subrato
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From the text of your note, it is not very clear as to how many years the employee was serving your organization. I mean whether he has any balance leave, LTA, or other dues which perhaps can be adjusted instead of spoiling his career in his new organization. As for PF, you cannot do anything as he can transfer that to his new account from his present organization. You can perhaps write a letter in case he is entitled to Gratuity to settle all his dues before settling his terminal claims.
If all efforts fail, you need to talk to him and make him understand the pitfalls he will face once the matter is reported to his present employer.
Regards,
Subrato
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Hi, Ryan has answered your question very well. What was the duration of time he spent with your company? If it was just a few months, he may not show it on his CV. Nevertheless, as some of our friends on this site have rightly mentioned, find out the cause of this behavior. You would be able to address the issue in the future before a similar case occurs again.
From India, Pune
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From India, Pune
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Hi,
I am in agreement with Ryan. There is no way you can legally stop the PF under any circumstances. It's a legal offense. Corresponding with the employee is the only way. To instill fear in him, you can even send a legal notice from your company advocate, wherein you can mention that the employment terms have not been fulfilled by him and he owes the company at least one month's salary. This approach has worked in a similar case where the employee paid up the due amount.
From India, Mumbai
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I am in agreement with Ryan. There is no way you can legally stop the PF under any circumstances. It's a legal offense. Corresponding with the employee is the only way. To instill fear in him, you can even send a legal notice from your company advocate, wherein you can mention that the employment terms have not been fulfilled by him and he owes the company at least one month's salary. This approach has worked in a similar case where the employee paid up the due amount.
From India, Mumbai
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Hi,
How have you come to a conclusion that he has left the job? You surely have his contact details; try to get in touch. Maybe he is in trouble and needs your assistance.
If, however, he has chosen to abscond/abandon his job, please follow up with the legal requirement of sending repeated notices with a request to rejoin duties forthwith. Having given adequate opportunity to reply/put up his end of the story, you may give him a termination notice; once again giving him the opportunity to respond. If no reasoned reply is received within the stipulated period, then a termination order should be sent as an ex-parte decision.
Remember, we as an organization cannot act irresponsibly and must act within the legal framework without vendetta.
Brigadier Ashwani Kumar
From India, Delhi
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How have you come to a conclusion that he has left the job? You surely have his contact details; try to get in touch. Maybe he is in trouble and needs your assistance.
If, however, he has chosen to abscond/abandon his job, please follow up with the legal requirement of sending repeated notices with a request to rejoin duties forthwith. Having given adequate opportunity to reply/put up his end of the story, you may give him a termination notice; once again giving him the opportunity to respond. If no reasoned reply is received within the stipulated period, then a termination order should be sent as an ex-parte decision.
Remember, we as an organization cannot act irresponsibly and must act within the legal framework without vendetta.
Brigadier Ashwani Kumar
From India, Delhi
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Hi Kshama,
Sorry for replying to you so late. In this regard, my views are as follows:
(i) The new employer will definitely do his reference check with the previous company. At that time, we can inform them about his sudden relieving without any information.
(ii) Resignation and relieving letters are very important when we are going to join any new organization. However, it is also a fact that many times companies encourage candidates to join their organization without completing any paperwork formalities. In that case, candidates make these types of mistakes.
Hope this information will help you.
Regards,
Nims
Sr. Exe - HR
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Sorry for replying to you so late. In this regard, my views are as follows:
(i) The new employer will definitely do his reference check with the previous company. At that time, we can inform them about his sudden relieving without any information.
(ii) Resignation and relieving letters are very important when we are going to join any new organization. However, it is also a fact that many times companies encourage candidates to join their organization without completing any paperwork formalities. In that case, candidates make these types of mistakes.
Hope this information will help you.
Regards,
Nims
Sr. Exe - HR
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Dear All,
I have gone through the suggestions. I would like to inform you that we have encountered a similar situation where candidates have left the job soon after receiving their salary. In response, we stopped her salary cheque that had been issued to her and requested her to submit all the documents she had taken home, hand over the work she had completed in the past few days, and provide a resignation letter instead of a termination letter, which could potentially harm her future career.
However, instead of submitting all the papers, she sent us a legal notice for a bounced cheque under section 138, along with false claims.
Considering all the facts and the behaviors of many candidates, I believe that we should not waste our time or concern ourselves with the careers of such candidates. It is advisable to take appropriate action promptly.
From India, Mumbai
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I have gone through the suggestions. I would like to inform you that we have encountered a similar situation where candidates have left the job soon after receiving their salary. In response, we stopped her salary cheque that had been issued to her and requested her to submit all the documents she had taken home, hand over the work she had completed in the past few days, and provide a resignation letter instead of a termination letter, which could potentially harm her future career.
However, instead of submitting all the papers, she sent us a legal notice for a bounced cheque under section 138, along with false claims.
Considering all the facts and the behaviors of many candidates, I believe that we should not waste our time or concern ourselves with the careers of such candidates. It is advisable to take appropriate action promptly.
From India, Mumbai
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Hi Utsav and HR Ananth,
Sorry, I don't have the formats with me at the moment. I can give some guidelines to the process as I have understood it.
ALL letters should be sent by Regd AD at the employee's last known address as per records to have any legal standing in court.
First letter:
1) This must be very polite.
2) You must mention specific dates of absenteeism in this letter.
3) Express concern for the employee's well-being.
4) End by asking him/her to contact the HR or reporting manager immediately upon receipt of the letter.
Second letter:
1) Should be sent after receiving the Regd AD of the 1st letter.
2) Should be polite but stern as well.
3) Should make reference to the first letter.
4) Should again express concern about the employee's well-being.
5) Should mention the lack of response to the first letter.
6) Again ask him/her to contact the HR or reporting manager immediately upon receipt of the letter.
Third letter:
1) Should be sent after receiving the Regd AD of the 2nd letter.
2) Should be polite but more stern.
3) Should refer to the first 2 letters.
4) Termination notice should be mentioned, giving the reason for the lack of response to the earlier letters.
Other members, please add anything that I may have missed.
Regards,
Ryan
From India, Mumbai
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Sorry, I don't have the formats with me at the moment. I can give some guidelines to the process as I have understood it.
ALL letters should be sent by Regd AD at the employee's last known address as per records to have any legal standing in court.
First letter:
1) This must be very polite.
2) You must mention specific dates of absenteeism in this letter.
3) Express concern for the employee's well-being.
4) End by asking him/her to contact the HR or reporting manager immediately upon receipt of the letter.
Second letter:
1) Should be sent after receiving the Regd AD of the 1st letter.
2) Should be polite but stern as well.
3) Should make reference to the first letter.
4) Should again express concern about the employee's well-being.
5) Should mention the lack of response to the first letter.
6) Again ask him/her to contact the HR or reporting manager immediately upon receipt of the letter.
Third letter:
1) Should be sent after receiving the Regd AD of the 2nd letter.
2) Should be polite but more stern.
3) Should refer to the first 2 letters.
4) Termination notice should be mentioned, giving the reason for the lack of response to the earlier letters.
Other members, please add anything that I may have missed.
Regards,
Ryan
From India, Mumbai
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Hi Kshama,
I am from a real estate company. In our industry, it's a common trend nowadays that people take their salary and stop coming to the office. While most of them send a resignation letter, some people do not bother.
The main issue here is why they are leaving the company in this manner. Are your exit policies employee-friendly? I hope they don't have to wait for months to receive their full and final settlement. Such delays generally compel employees to take such actions.
In this case, you can send them a warning letter and give them some time to explain the situation. Ask them to complete the formalities, as they might need the company's assistance later in their career. Help them understand this point and try to conclude things on a positive note, as employees leaving the company can serve as our brand ambassadors. If they join our competitors, they may share positive aspects of our company with others.
Thank you.
From India, New Delhi
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I am from a real estate company. In our industry, it's a common trend nowadays that people take their salary and stop coming to the office. While most of them send a resignation letter, some people do not bother.
The main issue here is why they are leaving the company in this manner. Are your exit policies employee-friendly? I hope they don't have to wait for months to receive their full and final settlement. Such delays generally compel employees to take such actions.
In this case, you can send them a warning letter and give them some time to explain the situation. Ask them to complete the formalities, as they might need the company's assistance later in their career. Help them understand this point and try to conclude things on a positive note, as employees leaving the company can serve as our brand ambassadors. If they join our competitors, they may share positive aspects of our company with others.
Thank you.
From India, New Delhi
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Hi,
Leaving an organization is a fact we need to accept. How one leaves will decide the course of action. There is nothing you could do to help the person because he has left without notice. However, there is a legally predetermined termination process to be followed in this case. Further, all benefits accruing to him are due legally.
You could declare an absconding notice subsequently in the newspapers if the situation so warrants and the position of the employee involves interacting with the public.
Hope this helps.
Raj
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Leaving an organization is a fact we need to accept. How one leaves will decide the course of action. There is nothing you could do to help the person because he has left without notice. However, there is a legally predetermined termination process to be followed in this case. Further, all benefits accruing to him are due legally.
You could declare an absconding notice subsequently in the newspapers if the situation so warrants and the position of the employee involves interacting with the public.
Hope this helps.
Raj
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Dear Kshama,
I agree with Ryan. Please do not be reactive and please do send the three letters that Ryan has asked you to send the employee.
Also, as some of us have mentioned, employee behavior should be considered. It may help you find if there are any problems of concern within the organization, team, etc.
If it is just irresponsible and inconsiderate behavior, do not fret. You can always spill the beans in the cross-verification.
Regards, Abhilasha
From India, Pune
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I agree with Ryan. Please do not be reactive and please do send the three letters that Ryan has asked you to send the employee.
Also, as some of us have mentioned, employee behavior should be considered. It may help you find if there are any problems of concern within the organization, team, etc.
If it is just irresponsible and inconsiderate behavior, do not fret. You can always spill the beans in the cross-verification.
Regards, Abhilasha
From India, Pune
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Hi Kshama,
I appreciate your anguish. However, the answer to your query on the course of action is more or less in line with what others are saying:
1. The employee's relationship with the employer is governed by the contract of employment. You can send him a notice of absence referring to his contract.
2. Give him a reasonable amount of time and send him a letter regarding the loss of lien.
3. Hold his full and final settlement.
4. If he has taken any materials or valuable information, then you can also file a police complaint.
Regards,
Dipol
From India, Delhi
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I appreciate your anguish. However, the answer to your query on the course of action is more or less in line with what others are saying:
1. The employee's relationship with the employer is governed by the contract of employment. You can send him a notice of absence referring to his contract.
2. Give him a reasonable amount of time and send him a letter regarding the loss of lien.
3. Hold his full and final settlement.
4. If he has taken any materials or valuable information, then you can also file a police complaint.
Regards,
Dipol
From India, Delhi
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Dear Kshma,
First, you have to find out why he has left. You can talk to him over the phone. You have also not provided his employment status, meaning which position he held and whether he was a probationary or confirmed employee. If he is not responding, it is necessary to issue a show cause notice or a charge sheet seeking his explanation. In other words, proceed with disciplinary action to be on the safer side. If you directly issue a termination letter, he may take legal action. Take immediate action.
Regards,
Nirmal
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First, you have to find out why he has left. You can talk to him over the phone. You have also not provided his employment status, meaning which position he held and whether he was a probationary or confirmed employee. If he is not responding, it is necessary to issue a show cause notice or a charge sheet seeking his explanation. In other words, proceed with disciplinary action to be on the safer side. If you directly issue a termination letter, he may take legal action. Take immediate action.
Regards,
Nirmal
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Hi,
First of all, be clear that PF cannot be stopped under any circumstances. Send a registered notice of unauthorized absence just after 7 days from the date of absence asking to report within 3 days. Then, a second notice specifying that if the person does not respond, the services will be terminated within 48 hours, and then issue the termination letter. In case of termination, except for PF, i.e., Bonus, Leave encashment, and last salary if not already paid, can be liened. As in this case, it has already been paid, you can simply adjust bonus, leave encashment, and gratuity if the person has served for more than 5 years.
It is a bitter truth that most of us, the HR people, do not bother to take NOC or relieving from the last workplace of the new employee. As a result, such people get away by repeating this kind of action everywhere. Yes, if he/she did this with the last employer, then be sure a repeat will be done with you also. The HR community has to be strong and unbending on certain issues like making the submission of relieving mandatory and doing a credit verification from the previous employer before letting a person join.
Shilpi
From India, Thana
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First of all, be clear that PF cannot be stopped under any circumstances. Send a registered notice of unauthorized absence just after 7 days from the date of absence asking to report within 3 days. Then, a second notice specifying that if the person does not respond, the services will be terminated within 48 hours, and then issue the termination letter. In case of termination, except for PF, i.e., Bonus, Leave encashment, and last salary if not already paid, can be liened. As in this case, it has already been paid, you can simply adjust bonus, leave encashment, and gratuity if the person has served for more than 5 years.
It is a bitter truth that most of us, the HR people, do not bother to take NOC or relieving from the last workplace of the new employee. As a result, such people get away by repeating this kind of action everywhere. Yes, if he/she did this with the last employer, then be sure a repeat will be done with you also. The HR community has to be strong and unbending on certain issues like making the submission of relieving mandatory and doing a credit verification from the previous employer before letting a person join.
Shilpi
From India, Thana
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Hello! It's okay. As per your records, he is absent from duty. Send him a letter asking him to resume duties in the next 4 days (which he certainly is NOT going to do). Send him the next 2-3 letters with the same request and just remove his name from your muster roll as 'He has abandoned his services.' There is no need to issue a 'Termination Letter.' Further, you can deduct an appropriate amount from his salary (in lieu of notice) from his 'Final settlement of dues'.
Vishwa
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Vishwa
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Hi,
We can initiate disciplinary action against him/her and also conduct a domestic inquiry against him or her. Until and unless the employee has completed that process, they will not be relieved from their services, and the employee cannot take any assignments in any company. It is the new company's responsibility to ensure that he or she is relieved from the previous employer.
Bye
From India, Ahmadabad
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We can initiate disciplinary action against him/her and also conduct a domestic inquiry against him or her. Until and unless the employee has completed that process, they will not be relieved from their services, and the employee cannot take any assignments in any company. It is the new company's responsibility to ensure that he or she is relieved from the previous employer.
Bye
From India, Ahmadabad
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Hi Shama,
According to me, as the employee has left the organization without prior intimation, it's pointless to waste time behind that employee. My suggestion is that you can send him a letter requesting him to serve his resignation letter. If you don't receive any response, you can then send his termination letter.
Additionally, if you are aware of the current employment where he is working, you can contact them and inform them about the employee. In the current situation, many companies are conducting background verifications for their employees. If you receive any inquiries about the employee, you can provide your comments, which may impact his current job and will likely come back to you.
I hope this advice will be helpful to you.
Regards,
Sushil
From India, Mumbai
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According to me, as the employee has left the organization without prior intimation, it's pointless to waste time behind that employee. My suggestion is that you can send him a letter requesting him to serve his resignation letter. If you don't receive any response, you can then send his termination letter.
Additionally, if you are aware of the current employment where he is working, you can contact them and inform them about the employee. In the current situation, many companies are conducting background verifications for their employees. If you receive any inquiries about the employee, you can provide your comments, which may impact his current job and will likely come back to you.
I hope this advice will be helpful to you.
Regards,
Sushil
From India, Mumbai
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Hi all,
Regarding the topic, please find enclosed an article from The Hindu Business Line, which we really need to ponder upon and delve into deeply. It's not easy to trace these absconders and bring them to justice. I request the seniors to provide suggestions on this matter and outline the steps to address it.
Thank you.
From India, Mumbai
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Regarding the topic, please find enclosed an article from The Hindu Business Line, which we really need to ponder upon and delve into deeply. It's not easy to trace these absconders and bring them to justice. I request the seniors to provide suggestions on this matter and outline the steps to address it.
Thank you.
From India, Mumbai
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Sorry, I forgot to attach the link. One can go through this too: http://www.blonnet.com/2007/06/15/st...1500690900.htm.
Cheers!!!!
Pramod
From India, Mumbai
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Cheers!!!!
Pramod
From India, Mumbai
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Dear Friends,
I faced a similar situation very recently.
Ours is a software development firm. One of our employees left the company just by sending me his resignation letter when he left for the day on his last working day. It was the same day when the salary was deposited into the bank. I couldn't request a stop payment as we waited for him for a day, thinking that he might come back the next day to collect his documents.
He didn't serve his one-month notice period, and after that, he never turned up. He even changed his mobile number. Later, through one of our other employees, we came to know that he got another job and is joining that company within a day. We have no clue which company he's in, and he got his salary, which he was not supposed to be paid as he didn't serve his notice, according to our company policy.
We are trying to trace his current company.
I even doubt he might have produced duplicate documents to his current employer. Just to note that we had frequent problems with the employee, and he had been verbally warned a couple of times.
I do not want to leave his case just like that and make a fool out of me.
Any suggestions to take it further? It might be really helpful to us.
Thanks,
Binzy
From India, Bangalore
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I faced a similar situation very recently.
Ours is a software development firm. One of our employees left the company just by sending me his resignation letter when he left for the day on his last working day. It was the same day when the salary was deposited into the bank. I couldn't request a stop payment as we waited for him for a day, thinking that he might come back the next day to collect his documents.
He didn't serve his one-month notice period, and after that, he never turned up. He even changed his mobile number. Later, through one of our other employees, we came to know that he got another job and is joining that company within a day. We have no clue which company he's in, and he got his salary, which he was not supposed to be paid as he didn't serve his notice, according to our company policy.
We are trying to trace his current company.
I even doubt he might have produced duplicate documents to his current employer. Just to note that we had frequent problems with the employee, and he had been verbally warned a couple of times.
I do not want to leave his case just like that and make a fool out of me.
Any suggestions to take it further? It might be really helpful to us.
Thanks,
Binzy
From India, Bangalore
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Dear Kshama,
It is advisable to send a show-cause notice for not attending duty through RPAD and wait for his explanations within 7 days. If there is no response on his side, you can terminate his services, as not attending duty without prior permission is a serious misconduct for an employee. More than 8 days of absence are grounds for the termination of an employee, which is legally enforceable.
Holding or not processing PF will invite trouble with the PF office and is legally not permissible.
Regards,
Suresh Ramalingam
From India, Mumbai
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It is advisable to send a show-cause notice for not attending duty through RPAD and wait for his explanations within 7 days. If there is no response on his side, you can terminate his services, as not attending duty without prior permission is a serious misconduct for an employee. More than 8 days of absence are grounds for the termination of an employee, which is legally enforceable.
Holding or not processing PF will invite trouble with the PF office and is legally not permissible.
Regards,
Suresh Ramalingam
From India, Mumbai
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Hi Binzy,
It is heartening to know that you have that much time and energy to pursue such a case. I know I wouldn't. You have to follow the Show cause notice procedure which myself and others like Suresh Ramalingam have mentioned.
While we cannot stop any statutory payments like PF, you will have the person's Form 16. Ask him to collect it in person ONLY. When he does so, then you can also ask him to provide the handover and other things. Someday, especially if he goes to work abroad, he will need a reference letter since organizations over there are more stringent about such procedures. He will then contact you. Of course, you cannot be blunt about it.
I always advise all my employees who mention that they will abandon service not to do so, and to serve the notice so that experience letter and other relationships with the company do not get affected.
Regards,
Ryan
From India, Mumbai
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It is heartening to know that you have that much time and energy to pursue such a case. I know I wouldn't. You have to follow the Show cause notice procedure which myself and others like Suresh Ramalingam have mentioned.
While we cannot stop any statutory payments like PF, you will have the person's Form 16. Ask him to collect it in person ONLY. When he does so, then you can also ask him to provide the handover and other things. Someday, especially if he goes to work abroad, he will need a reference letter since organizations over there are more stringent about such procedures. He will then contact you. Of course, you cannot be blunt about it.
I always advise all my employees who mention that they will abandon service not to do so, and to serve the notice so that experience letter and other relationships with the company do not get affected.
Regards,
Ryan
From India, Mumbai
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Hi Ryan,
Excellent reply. Well said.
I am pained by the depth of knowledge among the HR professionals when they speak about stopping PF and other dues. I certainly agree with what you said. If someone leaves without notice, then there is something wrong with the HR process. Look into yourself first before going after them.
Regards,
Harikeyel
From India, Thiruvananthapuram
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Excellent reply. Well said.
I am pained by the depth of knowledge among the HR professionals when they speak about stopping PF and other dues. I certainly agree with what you said. If someone leaves without notice, then there is something wrong with the HR process. Look into yourself first before going after them.
Regards,
Harikeyel
From India, Thiruvananthapuram
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Hi,
Can I have samples of all three types of letters so that we can also practice the similar process in our organization?
My email is cirus@zapak.com/varun@anlagehro.com.
I am eagerly waiting for a quick response from the HR fraternity.
Regards,
Varun
From India, Bangalore
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Can I have samples of all three types of letters so that we can also practice the similar process in our organization?
My email is cirus@zapak.com/varun@anlagehro.com.
I am eagerly waiting for a quick response from the HR fraternity.
Regards,
Varun
From India, Bangalore
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Hi Ryan,
Thank you for the reply. A proper warning has already been sent to the employee, but the letter has been returned to our address, indicating that there's no one by that name. It is possible that the individual has changed his residence. Nevertheless, his willful abandonment raises questions about our integrity.
As you mentioned earlier, he may reappear one day.
Thanks again.
-Binzy
From India, Bangalore
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Thank you for the reply. A proper warning has already been sent to the employee, but the letter has been returned to our address, indicating that there's no one by that name. It is possible that the individual has changed his residence. Nevertheless, his willful abandonment raises questions about our integrity.
As you mentioned earlier, he may reappear one day.
Thanks again.
-Binzy
From India, Bangalore
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Hi,
From my side, as per the situation that you have stated in your post, the following things should be done:
1. Get the employee and his employment history. Check if he has done the same thing in his previous organizations by keenly observing his CV.
2. Obtain peer feedback and the supervisor's remarks.
3. Consult with him directly or relay the communication about the seriousness of his absconding.
4. Issue a NO Show NO Cause notice against him if he does not reply.
5. Terminate him if he does not reply and forward the communication to his references or previous employers.
These are the basic steps we can take based on the urgency of the case.
Thanks and regards,
Suryakant
From India, Bangalore
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From my side, as per the situation that you have stated in your post, the following things should be done:
1. Get the employee and his employment history. Check if he has done the same thing in his previous organizations by keenly observing his CV.
2. Obtain peer feedback and the supervisor's remarks.
3. Consult with him directly or relay the communication about the seriousness of his absconding.
4. Issue a NO Show NO Cause notice against him if he does not reply.
5. Terminate him if he does not reply and forward the communication to his references or previous employers.
These are the basic steps we can take based on the urgency of the case.
Thanks and regards,
Suryakant
From India, Bangalore
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thnks abt the PF ISSUE.. coz i was bit surprise to know dat employer can stop the PF.. pls tell me abt the Gratuity also. whether an employer can stop the gratuity payment... regards mausam
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I would propose the following steps:
Try to make contact with the employee; if possible, try to talk to him. In such cases, it is important, first of all, to know the reason as to why the employee is absent. Accordingly, necessary action can be taken against his absenteeism. There can be various reasons why the said employee has left without informing. After an inquiry, you can finally issue a termination letter to the employee and ask him to settle any dues, mentioning this conduct in his service certificate.
BR Fay
From Kuwait
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Try to make contact with the employee; if possible, try to talk to him. In such cases, it is important, first of all, to know the reason as to why the employee is absent. Accordingly, necessary action can be taken against his absenteeism. There can be various reasons why the said employee has left without informing. After an inquiry, you can finally issue a termination letter to the employee and ask him to settle any dues, mentioning this conduct in his service certificate.
BR Fay
From Kuwait
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Hi,
As per my knowledge, you are not supposed to hold the PF of an employee. The employee can directly approach the PF office (though a tedious process) and apply for his PF. The Company will then be questioned for withholding the PF papers of an employee.
As others have suggested, the best thing is to try and understand why he left the company. If there is something seriously wrong to be fixed in the organization, it will help in fixing it and also avoid more people leaving in the same manner.
I would also suggest that you pass the message – the implications of abandoning office – to his friends in the office so that they realize that their friend has committed a mistake and would also not take the company for granted.
Regards,
Prakash
From India, Bangalore
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As per my knowledge, you are not supposed to hold the PF of an employee. The employee can directly approach the PF office (though a tedious process) and apply for his PF. The Company will then be questioned for withholding the PF papers of an employee.
As others have suggested, the best thing is to try and understand why he left the company. If there is something seriously wrong to be fixed in the organization, it will help in fixing it and also avoid more people leaving in the same manner.
I would also suggest that you pass the message – the implications of abandoning office – to his friends in the office so that they realize that their friend has committed a mistake and would also not take the company for granted.
Regards,
Prakash
From India, Bangalore
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I am a little surprised. I thought that legally no company can attach PF with any disciplinary situation! And logically too. Physically PF does not lie with the company (if the company doesn't cheat employees) but with GOI. There is no situation where EPF can be withheld/attached to company clearances. Gratuity is another matter - it is a company policy related payoff hence it can be attached.
Please correct me if I am wrong.
From India, Bangalore
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Please correct me if I am wrong.
From India, Bangalore
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Hi Kshama,
Please note that any organization would have a clause in their conditions of employment or in the leave policy which would read like this:
"An employee not showing up for work for more than ___ days would be construed as not interested in employment, and appropriate termination proceedings would be initiated."
The process followed would be as follows:
1. Send out an email/snail mail letter (registered post acknowledgment due) to his furnished address intimating that he needs to present himself before HR on or before the _____ date for misconduct. This should be treated as misconduct.
2. In case he turns up on the date, ask for a written explanation of why it happened and get an assurance from him that he would not repeat it in the future.
3. In case he does not turn up, send a second reminder about the misconduct informing him that he would be separated without any separation documents (relieving letter/experience letter, etc.).
4. If he still does not turn up, go ahead and terminate him from the services and send out a letter informing him that his services are terminated.
If it's a situation mentioned in point #2 above, keep in mind the past track record of the employee before taking any action.
Furthermore, note that holding back PF or any other statutory deductions is illegal. The last day at work would be taken as the last day he signed in the attendance.
Thanks,
Giridhar
From India, Bangalore
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Please note that any organization would have a clause in their conditions of employment or in the leave policy which would read like this:
"An employee not showing up for work for more than ___ days would be construed as not interested in employment, and appropriate termination proceedings would be initiated."
The process followed would be as follows:
1. Send out an email/snail mail letter (registered post acknowledgment due) to his furnished address intimating that he needs to present himself before HR on or before the _____ date for misconduct. This should be treated as misconduct.
2. In case he turns up on the date, ask for a written explanation of why it happened and get an assurance from him that he would not repeat it in the future.
3. In case he does not turn up, send a second reminder about the misconduct informing him that he would be separated without any separation documents (relieving letter/experience letter, etc.).
4. If he still does not turn up, go ahead and terminate him from the services and send out a letter informing him that his services are terminated.
If it's a situation mentioned in point #2 above, keep in mind the past track record of the employee before taking any action.
Furthermore, note that holding back PF or any other statutory deductions is illegal. The last day at work would be taken as the last day he signed in the attendance.
Thanks,
Giridhar
From India, Bangalore
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Thanks Giridhar.. I thought we were shifting out of good management practices with most of the suggestions - your’s look the most comprehensive and logical.
From India, Bangalore
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From India, Bangalore
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Hi, I totally agree with Ryan. The procedure of closure of a contract between the employer and employee is very sensitive and hence needs to be done with utmost care, formally, and legally. You should follow the steps that Ryan has mentioned, i.e., 1. 2 letters to politely join back duties, mentioning the date from which he is absconding. 2. The 3rd letter can be a termination. Before sending the termination letter, do consult your legal advisor so that in case of any legal issues, he/she would handle the same. Before you do the above two steps, please find out why the employee is absconding. Though it is common for employees to go absconding after collecting a salary, there should be some real reason. Do some fact-finding, and if you are convinced that the employee is at fault, you should follow the above steps; otherwise, do his F&F and close the chapter. Hope this helps you!!!!
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[QUOTE=hari;133490]
Dear All,
What action can be taken against an employee who is habitually absent from the org, without information and for simple reasons? The case is that one of our employees is irregular and will take uninformed leave every second day. Even after repeated warnings, he seems to be very careless and irresponsible. His performance is zero, and he is very rude to his seniors and team lead. Can we straight away terminate the person without paying him anything based on his performance, or conduct, as it is mentioned in the offer letter issued to him that the candidate can be terminated without any prior notice if his performance is not satisfactory or if his conduct is not satisfactory within the probation period? Also, his service to the company is not confirmed, and he has joined just 2 months ago and has already taken 17 days leave. Please suggest, it's urgent!
Regards,
hari
From India, Bangalore
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Dear All,
What action can be taken against an employee who is habitually absent from the org, without information and for simple reasons? The case is that one of our employees is irregular and will take uninformed leave every second day. Even after repeated warnings, he seems to be very careless and irresponsible. His performance is zero, and he is very rude to his seniors and team lead. Can we straight away terminate the person without paying him anything based on his performance, or conduct, as it is mentioned in the offer letter issued to him that the candidate can be terminated without any prior notice if his performance is not satisfactory or if his conduct is not satisfactory within the probation period? Also, his service to the company is not confirmed, and he has joined just 2 months ago and has already taken 17 days leave. Please suggest, it's urgent!
Regards,
hari
From India, Bangalore
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Dear Kshama,
I totally agree with Ryan. If any employee is going to be absconding, you can issue a 1st warning letter to the absconding employee. If you receive any response, that's okay; otherwise, you can issue a 2nd letter and proceed to the next and final step of issuing a termination letter. However, during this period, you should try to find out the reason behind the absconding. Sometimes, what happened is that a senior provides proper feedback, so you can stay in touch with their colleagues or department. After releasing the 2nd letter, if you are satisfied, then proceed with the termination letter for the absconding employee. This process should take 10 days. If the employee does not report within 10 days, it defaults to voluntary termination.
In the case of absconding, you can stop their FnF and not issue an experience or relieving letter, but you can stop their PF. The PF act does not allow rejoining after the termination letter is released.
Please let me know if you need any further clarification or assistance.
Best regards,
[Your Name]
From India, Lucknow
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I totally agree with Ryan. If any employee is going to be absconding, you can issue a 1st warning letter to the absconding employee. If you receive any response, that's okay; otherwise, you can issue a 2nd letter and proceed to the next and final step of issuing a termination letter. However, during this period, you should try to find out the reason behind the absconding. Sometimes, what happened is that a senior provides proper feedback, so you can stay in touch with their colleagues or department. After releasing the 2nd letter, if you are satisfied, then proceed with the termination letter for the absconding employee. This process should take 10 days. If the employee does not report within 10 days, it defaults to voluntary termination.
In the case of absconding, you can stop their FnF and not issue an experience or relieving letter, but you can stop their PF. The PF act does not allow rejoining after the termination letter is released.
Please let me know if you need any further clarification or assistance.
Best regards,
[Your Name]
From India, Lucknow
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Dear Kshama,
I think it's better to send out terminations most of the time. If we keep watching his career being spoiled, it will be a problem for us. Since it doesn't get resolved quickly, and more importantly, they will not understand our concerns. It's better to send a termination after speaking with the specific employee at least once. Friends, let me know if you have any other ideas about the same.
Regards,
Amith R.
From India, Bangalore
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I think it's better to send out terminations most of the time. If we keep watching his career being spoiled, it will be a problem for us. Since it doesn't get resolved quickly, and more importantly, they will not understand our concerns. It's better to send a termination after speaking with the specific employee at least once. Friends, let me know if you have any other ideas about the same.
Regards,
Amith R.
From India, Bangalore
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Seema, In my opinion u should process his/her PF b’coz it can creat leagal complication. U can hold anyones salary but not the PF. Regards, Vaibhav
From India, Aurangabad
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From India, Aurangabad
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Dear Kshama,
If the employee is not coming to the office for three consecutive days, we send a telegram instructing them to return within three days. If he/she does not respond by the fourth day, issue an absconding letter sent by Registered AD stating that their services will be terminated after a certain period if they do not report back.
This approach also allows the employee time to rectify their error.
Regards,
Ajay
From India, Pune
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If the employee is not coming to the office for three consecutive days, we send a telegram instructing them to return within three days. If he/she does not respond by the fourth day, issue an absconding letter sent by Registered AD stating that their services will be terminated after a certain period if they do not report back.
This approach also allows the employee time to rectify their error.
Regards,
Ajay
From India, Pune
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Hi, I just read the entire thing and I was wondering, is it important to use the word "TERMINATION"? What I mean is that we have so many such cases in our organization, and we generally label them as absconding. For a clause in our company's appointment letter says that "your services can be terminated by the employer... by giving a month's salary in lieu thereof." So if I issue him such a letter, then is it legal?
From India, New Delhi
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From India, New Delhi
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Hello HR folks,
If an employee abandons the services of the organization without any notice, do we have the right to stop his or her PF? What action can we take against an employee who is demanding their PF after abandoning the services? They are now claiming to have sent a resignation, but we don't have any documentation of that.
Please help!
Thanks, Kalidhasan Natarajan
From India, Delhi
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If an employee abandons the services of the organization without any notice, do we have the right to stop his or her PF? What action can we take against an employee who is demanding their PF after abandoning the services? They are now claiming to have sent a resignation, but we don't have any documentation of that.
Please help!
Thanks, Kalidhasan Natarajan
From India, Delhi
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Until companies all over have a standard practice of checking relieving letters or conducting reference checks, issues with employees abruptly leaving will persist. Legally, one cannot compel a person to return and serve notice or provide a handover unless they have taken valuable items such as laptops or mobile phones.
a) Notices to appear for duty must be sent every 7 days.
b) A final notice threatening legal action will be issued if the employee does not return to work within 7 days of the initial notice.
c) If needed, consult a lawyer to send a legal notice claiming compensation for business losses incurred due to the employee's absence, in accordance with the law (though enforcement may be challenging).
d) A police FIR can be filed if the employee is missing with expensive equipment.
e) A court case can be initiated (though likely not very helpful) if legal advice suggests a favorable outcome, especially for ensuring a proper handover, not for reemployment.
Looking ahead, structure your company's CTC in a way that allows for retention amounts to be deducted and paid after one year. Such problematic employees typically stay for less than a year and are prone to frequently changing jobs. HR professionals must be vigilant in spotting early signs that could lead to employees leaving abruptly for financial gain.
Remember, similar situations may recur, questioning HR's competence. Unless you can prove that the employee is inherently unreliable and likely to job-hop, taking preventive measures is crucial.
From India, Mumbai
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a) Notices to appear for duty must be sent every 7 days.
b) A final notice threatening legal action will be issued if the employee does not return to work within 7 days of the initial notice.
c) If needed, consult a lawyer to send a legal notice claiming compensation for business losses incurred due to the employee's absence, in accordance with the law (though enforcement may be challenging).
d) A police FIR can be filed if the employee is missing with expensive equipment.
e) A court case can be initiated (though likely not very helpful) if legal advice suggests a favorable outcome, especially for ensuring a proper handover, not for reemployment.
Looking ahead, structure your company's CTC in a way that allows for retention amounts to be deducted and paid after one year. Such problematic employees typically stay for less than a year and are prone to frequently changing jobs. HR professionals must be vigilant in spotting early signs that could lead to employees leaving abruptly for financial gain.
Remember, similar situations may recur, questioning HR's competence. Unless you can prove that the employee is inherently unreliable and likely to job-hop, taking preventive measures is crucial.
From India, Mumbai
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Till companies all over don't have a standard practice of checking relieving letters or conducting reference checks, such issues of runaway train employees will keep happening. Legally, one cannot force a person to come back and serve notice or provide a handover (unless they have taken costly items like a laptop or mobile, etc.).
a) Notices to appear on duty have to be sent with a frequency of 7 days.
b) A final notice of taking legal action will be issued if the individual does not appear in the company within 7 days of the notice.
c) If you have time, visit a good lawyer and ask him/her to send a legal notice stating the loss of business incurred due to the absence of the employee, along with an amount as per the law (though this may not be very enforceable).
d) A police FIR can also be registered if the employee is missing with expensive equipment.
e) A court case can also be initiated (although it may not be very helpful) if the legal advisor deems it a beneficial or winning situation (only for a proper handover and not for rejoining).
Moving forward, structure your company's CTC in a way that allows for the deduction and payment of a retention amount after one year. Such employees are typically those with a duration of 1 year or less and are known as job hoppers. HR professionals need to be astute in identifying pre-signs that may lead to a situation of "take the salary and run away."
Remember, history can repeat itself in the same position, and HR's knowledge and skills could be questioned by management! Unless you can prove that the employee was born a kangaroo and defaults to hopping between jobs.
From India, Mumbai
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a) Notices to appear on duty have to be sent with a frequency of 7 days.
b) A final notice of taking legal action will be issued if the individual does not appear in the company within 7 days of the notice.
c) If you have time, visit a good lawyer and ask him/her to send a legal notice stating the loss of business incurred due to the absence of the employee, along with an amount as per the law (though this may not be very enforceable).
d) A police FIR can also be registered if the employee is missing with expensive equipment.
e) A court case can also be initiated (although it may not be very helpful) if the legal advisor deems it a beneficial or winning situation (only for a proper handover and not for rejoining).
Moving forward, structure your company's CTC in a way that allows for the deduction and payment of a retention amount after one year. Such employees are typically those with a duration of 1 year or less and are known as job hoppers. HR professionals need to be astute in identifying pre-signs that may lead to a situation of "take the salary and run away."
Remember, history can repeat itself in the same position, and HR's knowledge and skills could be questioned by management! Unless you can prove that the employee was born a kangaroo and defaults to hopping between jobs.
From India, Mumbai
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Hi,
Greetings to everyone!
First of all, let me introduce myself. I am Zeba and currently working at Brandworks Technologies Pvt. Ltd. as a Human Resource professional.
In our company, we also have a policy of a notice period after resignation. However, one of our employees has taken 3 to 4 days of leave and has not returned to work. We have tried all possibilities to contact him but have been unsuccessful. He has also not returned company property, which includes 2 phones, 4 sim cards, and the company ID card. Recently, we discovered that he has joined a new organization.
Please advise on the appropriate actions to take in this situation, considering the outstanding company property that has not been returned.
Thank you.
From India, Mumbai
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Greetings to everyone!
First of all, let me introduce myself. I am Zeba and currently working at Brandworks Technologies Pvt. Ltd. as a Human Resource professional.
In our company, we also have a policy of a notice period after resignation. However, one of our employees has taken 3 to 4 days of leave and has not returned to work. We have tried all possibilities to contact him but have been unsuccessful. He has also not returned company property, which includes 2 phones, 4 sim cards, and the company ID card. Recently, we discovered that he has joined a new organization.
Please advise on the appropriate actions to take in this situation, considering the outstanding company property that has not been returned.
Thank you.
From India, Mumbai
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