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
89It 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
Hi Ryan,
Excellent reply. Well said.
I am pained by the depth of knowledge amoung the HR guys when they speak about stopping PF and other dues. I certainly look the way you said.
If some leaves without notice then there is some thing wrong with the HR process. Look onto yourself first before going after him.
Regards,
Harikeyel
From India, Thiruvananthapuram
Excellent reply. Well said.
I am pained by the depth of knowledge amoung the HR guys when they speak about stopping PF and other dues. I certainly look the way you said.
If some leaves without notice then there is some thing wrong with the HR process. Look onto yourself first before going after him.
Regards,
Harikeyel
From India, Thiruvananthapuram
Hi,
can i have all the three types of letter copy (sample), so that we can also practice the similar process in our organization.
my mail id:
waiting for quick response from HR Fraternity.
Regards
Varun
From India, Bangalore
can i have all the three types of letter copy (sample), so that we can also practice the similar process in our organization.
my mail id:
waiting for quick response from HR Fraternity.
Regards
Varun
From India, Bangalore
Hi Ryan,
Thanks for the reply.
A proper warning has been already sent to the employee but the letter has been returned to our address saying that there's no one in that name. Probably the guy changed his residence. Any way his willful abandance questions our integrity...
Like you mentioned earlier he might turn up again one fine day...
Thanks again.
-binzy
From India, Bangalore
Thanks for the reply.
A proper warning has been already sent to the employee but the letter has been returned to our address saying that there's no one in that name. Probably the guy changed his residence. Any way his willful abandance questions our integrity...
Like you mentioned earlier he might turn up again one fine day...
Thanks again.
-binzy
From India, Bangalore
hi......
from my side, as per the situation that u have stated in ur post, these following things should be done:
1. get the employee and his employement history whether he has done the same thing in his previous organizations that u can do by keenly observing his CV
2. get a peer feedback and supervisor's remark
3. consult him directly or pass the communication about the seriousness of his absconding
4. issue a NO Show NO cause notice against him, if he/she does not reply
5. terminate him if he/she does not reply and forward the communication to his refernces too or his previous employers.
these are the basic thing we can do from side based upon the urgency of case.
Thanx n regards:
Suryakant
From India, Bangalore
from my side, as per the situation that u have stated in ur post, these following things should be done:
1. get the employee and his employement history whether he has done the same thing in his previous organizations that u can do by keenly observing his CV
2. get a peer feedback and supervisor's remark
3. consult him directly or pass the communication about the seriousness of his absconding
4. issue a NO Show NO cause notice against him, if he/she does not reply
5. terminate him if he/she does not reply and forward the communication to his refernces too or his previous employers.
these are the basic thing we can do from side based upon the urgency of case.
Thanx n regards:
Suryakant
From India, Bangalore
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
I would propose you the subsequent steps:
Try to make contact with the employee, if possible try to talk to him.
In such case it is important first of all to know the reason as to why the employee is absent.
And accordingly the 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 his due if any and mention about this conduct in his service certificate.
BR
Fay
From Kuwait
Try to make contact with the employee, if possible try to talk to him.
In such case it is important first of all to know the reason as to why the employee is absent.
And accordingly the 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 his due if any and mention about this conduct in his service certificate.
BR
Fay
From Kuwait
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 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
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 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
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
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
Hi Kshama,
Please note that any orgn would have a clause in their conditions of employment or in 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 ack 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 written explanation why it happened and get an assurance from him that he would not repeat it in 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. Still he 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 its a situation mentioned in point # 2 above, keep in mind the past track record of the employee before taking any action.
Further, 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
Please note that any orgn would have a clause in their conditions of employment or in 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 ack 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 written explanation why it happened and get an assurance from him that he would not repeat it in 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. Still he 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 its a situation mentioned in point # 2 above, keep in mind the past track record of the employee before taking any action.
Further, 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
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Part I Employee Action Analyse.doc
Employee Action Form -- DEMO.xls