Vimala Mudaliar
3

Deal seniors,
I am working as a HRD coordinator with one of the sales driven company actually a water treatment company.
Need your help for drafting a formal letter for the employee of our company who have taken leave for one week due to his mothers illness and now its almost two months he is not back and no contacts also but he is senior employee of the company was working with us since last 6 years. So just to confirm whether he is going to continue or want to resign the company. If at all resigning then kindly clear all dues since he is marketing professional.
Looking forward for the early response from you all.

From India, Ahmadabad
captaincook
3

Gentleman,
It is observed from our record that you are not reportig to the job since___________without any prior intimaion or information of your absence from work.
Your this act amouts to misconduct as per the standing orders/code of office discipline applicable to you.
You are hereby informed to report on duty with written explanation within 48 hours of the receipt of this letter or else it will be presumed that you have voluntarily abandoned your services and has no intention to resume your duties.
Managemet shall be under no obligation to continue your services and will be free to remove your name from the muster without any notice and compensation.
Your's faithfully,
Director
You may modify the contents of this letter as per your convenience because this is broader guideline for your understading only.
captaincook

From Saudi Arabia, Riyadh
BADLOOSER
15

ravibhai,
He/she Mentioned That They Have No Contact Of Him...he Is Absconding In Recession Time Without Compensation Or Gratuity Claim Is Benefit To The Company.
That Man Must Be A Gentlaman..ayway Captain Good Draft For Intimation No Liability Of Employer If Employeee Has Abandoned His Services Voluntarily.
Good Job....
Badlu

From Saudi Arabia
nipuna
72

Hi vimala,
as an HR person, its oyur major mistake that you have not maintained any data of the employees regaring the contacts. immediately you have to do that.
secondly, if you do not have nay contact number then you must atleast have the residential address of the employee, then only you rae thinking to send a formal letter.
just do one thing, before sending the formal letter just drop in to your employee's house at any day without intimation. I m sure, the picture will be then crystal clear to you. then you can take further steps to send the formal letter.
Mr. K. Ravi,
its very sad that you being a senior member of this site you are demotivating someone.
if somebody have less knowledge then , please dont demotive that person but try to share your knowledge with the person so that they can also learn. you rae requested to please not to question anyone's capability.
many times it happens that the we also dont know some details about some topics.

From India, Delhi
vissumba
2

Hai,
Wat Mr.Deval Vyas said is correct,first of all u send a Telegram regarding report/contact imdiatly to so and so person
with in 1 day. Second u send a Regs.post a letter like reporting head office immediatly so and so date,if not we take serious action on u. like that u send letter.
Letter like As per our telegram dated 29/01/2009 u not respond .we give one more chance to u . so, kindly attend /respond immediatly on or befor 05/02/2009 to head offec other vice we take serious action on u.

after that date if he not responce any thing u send termination letter

ok..
bye....
i said all these thing based on my knowledge. sorry for all if any thing wrong.
Vishnu

From India, Hyderabad
K.Ravi
54

Grrrr what wrong I replied here,,,,
Usually while joining it is understood that the following information of employee is with the HR Department
His address both temporary n permanent
His Phone nos , mobile, residence, hometown.
So even if his mobile is switched off you can contact his residence no which there is 90% possibility that everyone nowadays has a landline.
You can contact his close colleagues and enquire with them.
All these can be done telephonically and verbally, after you have done these things you can send REGISTERED POST.
But looking at this case its complicated because a person working for 6 years will never without giving any solid reason be aloof for such a long time. Think about it.

From India, Pune
Seetharam.cn
Dear vimala,
Being a HR person we must have the empathy while taking these type of decessions. you need to know what exactly happened with him. First you have to visit his home. then think of law what ever it is . . .

From India, Delhi
harishgamit
1

Hello My self working in the Manufacuring Company continue plant process , as a HR Genaralist , we have one Query of to be attend duty on Public Holiday as desired by company , and if employees have reported duty as per intruction / schedule By His HOD , but incase employees not reported for the day , which type of action to be taken or employee can avail PH (paid Holiday) Self without asking HOD ,
Pls Help Me Regarding Above ,
Send Me On
Regards
Harish Gamit

From India
Vimala Mudaliar
3

For your kind information i have joined this co. only before 2 months and I am fresher so asked for the suggestion.
well about contacting he is from Delhi and was working with the company which is in Ahmedabad. He is now in Delhi for his mother's surgery (One week's Leave taken for this particular reason). He has not provided landline no. only mobile number which is in no response condition. My MD has asked me to draft such a letter to take formal action.

From India, Ahmadabad
ryanconsult@gmail.com
1

After the Supreme Court's decision in JMA Industries case, it is not possible to remove an employee from service without due notice. The traditional method would be to charge sheet the employee, conduct and enquiry and then remove him from service. This is a long drawn out process and still the employee will be within his rights to challenge his dismissal on the grounds of fairness of enquiry and or quantum of punishment being disproportionate to misconduct u/s 11A of the ID Act. It is possible that the employee has taken up a job elsewhere on the sly and if he finds that the new job is not to his liking he may stake a claim for the old job by invoking the legal process. On possible method to short circuit the entire process could be by sending 2 letters in sequence and putting the onus on the employee rather than removing him from service. A note of caution: This methodology has to stand the scrutiny of the court though the management can always say that they have not removed the employee from service within the meaning of Sec 2 (00) of the ID Act. The darft letters are given below. Would welcome more inputs to fine tune this mode of termination:

Letter1.

It is observed from our attendance records that you have not been reporting for work from ------- onwards. You have neither informed the company nor your team leader and as such your absence is unauthorized, rendering you liable for disciplinary action.

You are required to report for duty within 48 hours of receipt of this memo with an explanation for your unauthorized absence with proper evidence to substantiate your absence.

In case you neither report for duty within the above stipulated time nor offer any explanation for your absence within a grace time of 30 days from the date of receipt of this memo the management will be justified in presuming that you are no longer interested in continuing your service with us and your case will be treated as one of resignation from service without complying with the notice period formalities.

Letter2

This is with reference to your continued absence from duty since----

Your obdurate refusal to report for duty despite our memo dated---- which you have apparently received on----- leaves us with no other alternative but to infer that you are no longer interested in continuing in our services.

You have also not complied with the mandatory notice period of two months, that you had accepted to serve in the event of separation, vide your appointment letter dated----------

From the above it is evident that you have voluntarily retired from your service with us within the meaning of Sec 2 (oo) (a) of the Industrial Disputes Act, 1947 with effect from

Consequently your employment contract with us is treated as closed at your behest from the said date.

The full and final settlement of your account is enclosed herewith.

If you wish to make any representation against this communication you are hereby given one last and final opportunity to state your objections in writing within a period of one week from the date of receipt of this communication. In case you fail to avail this opportunity within the stipulated time, no further representation will be entertained in this matter under any circumstances and this communication will be treated as final for all purposes.

regards

Patrick Ryan

From India, Madras
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