Hi ,recently I had drafted a warning letter for one of my employees who was absconding. Later it was edited by my boss and the following was added:
\"Failure to report to our office in 2 days and we will report to Police on account of all the loss company has encountered because of you absconding from our office and leaving unfinished work which has adversely affected relationship with our client for which he may refrain for giving us anymore future projects. Legal action will be taken against you and case might be filed for all the loss company is suffering for now and future prospects with our client due to this act. Moreover, we will also send all the gaming companies a notice on account of your behavior explaining them about you continuously lying to us and absconding from here.\"
I believe that this statement should not have been mentioned in this manner,as it comes across as threatening.
Can some one tell me is this legal to mention in a warning letter ?
Also as I want to
From India, Mumbai
3\"Failure to report to our office in 2 days and we will report to Police on account of all the loss company has encountered because of you absconding from our office and leaving unfinished work which has adversely affected relationship with our client for which he may refrain for giving us anymore future projects. Legal action will be taken against you and case might be filed for all the loss company is suffering for now and future prospects with our client due to this act. Moreover, we will also send all the gaming companies a notice on account of your behavior explaining them about you continuously lying to us and absconding from here.\"
I believe that this statement should not have been mentioned in this manner,as it comes across as threatening.
Can some one tell me is this legal to mention in a warning letter ?
Also as I want to
From India, Mumbai
Hi Lorreta Rebello,
Firstly, I would like to understand the reason for absconding.
Though, the above statements are unethical, provided the employee did not do anything seriously wrong to the organization willfully, there is nothing as lawful.
Let us know the scenario, so as to advice accordingly.
From India, Hyderabad
Firstly, I would like to understand the reason for absconding.
Though, the above statements are unethical, provided the employee did not do anything seriously wrong to the organization willfully, there is nothing as lawful.
Let us know the scenario, so as to advice accordingly.
From India, Hyderabad
I agreed Lorreta Rebello, the language is too harsh and must not be use like this.
In the case of Absconding, a warning latter must address a message and warning of losing employment but should not be in form of a threat to an employee but the most important thing, Lorreta Rebello, you have to be very careful at your end. See the changes in your drafted latter been made by your Boss which implies you can’t overrule but can discuss and ask his advice in a matter that wont effect you directly but sends a message. Also if you have good terms with your Boss and feel you can deliver your message to him and without expecting any negative effect or reaction of your act, must speak to your Boss but if you do not feel comfortable, must not go against this.
Absconding is not acceptable, and i buy that employer has to take some good actions to tackle things and should convey a message to all employees so that other won’t try and act professionally but still Employer has no right to use this kind of language that even not stands on professional terms itself
Second, your kindness in this matter is appreciated and on professional terms, the best solution for your problem is trying to reach this employee telepathically or by using ref or any friend/employee. And, deliver a message that a warning latter is going to issue and serious action can be taken against him but without using words like advised by your Boss.
Lastly, you have to keep this in your mind that you cannot overrule your Boss or if not on terms that allow you to express yourself in this matter, DO NOT OBJECT.
And seems you left something to say. so please complete your query ...
From India, Gurgaon
In the case of Absconding, a warning latter must address a message and warning of losing employment but should not be in form of a threat to an employee but the most important thing, Lorreta Rebello, you have to be very careful at your end. See the changes in your drafted latter been made by your Boss which implies you can’t overrule but can discuss and ask his advice in a matter that wont effect you directly but sends a message. Also if you have good terms with your Boss and feel you can deliver your message to him and without expecting any negative effect or reaction of your act, must speak to your Boss but if you do not feel comfortable, must not go against this.
Absconding is not acceptable, and i buy that employer has to take some good actions to tackle things and should convey a message to all employees so that other won’t try and act professionally but still Employer has no right to use this kind of language that even not stands on professional terms itself
Second, your kindness in this matter is appreciated and on professional terms, the best solution for your problem is trying to reach this employee telepathically or by using ref or any friend/employee. And, deliver a message that a warning latter is going to issue and serious action can be taken against him but without using words like advised by your Boss.
Lastly, you have to keep this in your mind that you cannot overrule your Boss or if not on terms that allow you to express yourself in this matter, DO NOT OBJECT.
And seems you left something to say. so please complete your query ...
From India, Gurgaon
Dear readers,
I'm an entrepreneur & I have had a couple of employees who absconded. Since, our company is small there was no backup for these employees. Due to this we suffered a lot & actually lost a few customers who never came back to us. I fully understand the the Boss's point of view.
Just as employers can't fire anybody without giving notice period or notice pay; same way employees do not have right to abscond for reasons of low pay or work dislike or better opportunities elsewhere.
I think there should be a Website where all such employees should be mentioned based on their ID proofs so that future employers can check & avoid them.
Regards
K Shah, Mumbai
From India, Mumbai
I'm an entrepreneur & I have had a couple of employees who absconded. Since, our company is small there was no backup for these employees. Due to this we suffered a lot & actually lost a few customers who never came back to us. I fully understand the the Boss's point of view.
Just as employers can't fire anybody without giving notice period or notice pay; same way employees do not have right to abscond for reasons of low pay or work dislike or better opportunities elsewhere.
I think there should be a Website where all such employees should be mentioned based on their ID proofs so that future employers can check & avoid them.
Regards
K Shah, Mumbai
From India, Mumbai
Hi all,
I Completely understand the implications of an employee absconding from a job, especially when it is a small organization where the employer may not have a back up.
However, I do not agree with Mr. Shah as he is only looking at one side of the coin. We also need to understand the reasons for the employee absconding.
Being an HR professional, I have come across many employees absconding from the job in my career and to be very honest, I also used to be very stringent with the employee in situations like this.
Thanks to one of the post I have come across online, which made me understand the role and importance of human resources. Probably that is why any company would require a human resources department.
This department should educate the employees and let employee understand the results of such acts.
Human Resources also needs to take precautionary measures to avoid people absconding from their jobs.
With my current employer, in the past 6 months out of 30+ people (absconded and resigned) there were only 2 people who have been absconded and out of them one person had a genuine reason.
Seniors can correct me if my views are wrong.....
From India, Hyderabad
I Completely understand the implications of an employee absconding from a job, especially when it is a small organization where the employer may not have a back up.
However, I do not agree with Mr. Shah as he is only looking at one side of the coin. We also need to understand the reasons for the employee absconding.
Being an HR professional, I have come across many employees absconding from the job in my career and to be very honest, I also used to be very stringent with the employee in situations like this.
Thanks to one of the post I have come across online, which made me understand the role and importance of human resources. Probably that is why any company would require a human resources department.
This department should educate the employees and let employee understand the results of such acts.
Human Resources also needs to take precautionary measures to avoid people absconding from their jobs.
With my current employer, in the past 6 months out of 30+ people (absconded and resigned) there were only 2 people who have been absconded and out of them one person had a genuine reason.
Seniors can correct me if my views are wrong.....
From India, Hyderabad
Hi All,
Thank you for your comments and contributions. I've spoken to my boss about this point , but as he is truly upset he is not going to change his mind. This employee has seen the company grow from 5 to 30, yet this is the way he left. Apart from this the employee who left has cost us dearly in terms of money, loss of clients due to him not completing his projects on time, in-completion of project and joining another company which happens to be our client, hence making a fool of us. The most shocking part is that he has joined without a relieving or experience letter, and I wonder how !!
My boss has also taken advice from some advocates about recovering losses incurred due to this employee, from this employee. And the losses are immense, in terms of loosing our big clients and delay in delivery of projects which are crucial to us as we are a growing company.
I really don't know where is this going to end , but end doesn't seem to good for this employee.
I would like to know how can we communicate to the entire team of 30 employees about the consequences of being absconding and many other issues that we are facing as a small company.
As I am the only HR in the company and I am not trained to handle these issues (I am only trained in Recruitment), I would like some suggestion on how to change the mentality of the team, and bring in some positive energy and motivation.
I am looking forward to start some sessions to promote self motivation and good relations in the company, can any one guide as to where can I seek help for the same.
Thanks
Lorreta Rebello
From India, Mumbai
Thank you for your comments and contributions. I've spoken to my boss about this point , but as he is truly upset he is not going to change his mind. This employee has seen the company grow from 5 to 30, yet this is the way he left. Apart from this the employee who left has cost us dearly in terms of money, loss of clients due to him not completing his projects on time, in-completion of project and joining another company which happens to be our client, hence making a fool of us. The most shocking part is that he has joined without a relieving or experience letter, and I wonder how !!
My boss has also taken advice from some advocates about recovering losses incurred due to this employee, from this employee. And the losses are immense, in terms of loosing our big clients and delay in delivery of projects which are crucial to us as we are a growing company.
I really don't know where is this going to end , but end doesn't seem to good for this employee.
I would like to know how can we communicate to the entire team of 30 employees about the consequences of being absconding and many other issues that we are facing as a small company.
As I am the only HR in the company and I am not trained to handle these issues (I am only trained in Recruitment), I would like some suggestion on how to change the mentality of the team, and bring in some positive energy and motivation.
I am looking forward to start some sessions to promote self motivation and good relations in the company, can any one guide as to where can I seek help for the same.
Thanks
Lorreta Rebello
From India, Mumbai
Dear Lorreta
I understand your predicament.
i agree with the opinion of Dikshit.tgs and others.
About the para added by your boss and despite his emotional state, it is entirely unfair to put the blame on the person who absconded; and taking legal action for the losses does not hold water.
For one, If the employee was so valuable; what was his designation, salary and other compensation ?? Does these justify the role he was performing ??
I am certain; despite such responsibilities which can cause such a huge loss to the company; he must have been exploited and paid peanuts.
He helped the company grow from 5 to 30; yet he must not have been rewarded adequately.
what else can be thee reason for his leaving like this ???
It is advisable to do some soul searching; and to attempt to make him responsible for the losses (some of which may be entirely hypothetical), would only project the ridiculous way the company has been functioning. Why was he not made the Director (or promoted to some senior position); if he was so much responsible for the existence and profits of the company ??
This has happened only because that person was saddled with much more work than he could handle; there was no back-up or support available to him; had it not been the case the company would not have been hit so hard due to his absence.
Pardon me for the contrarian opinion; but I feel the employee had no other choice left, but to leave without any notice. Under the circumstances, as cited by you, one does not think his notice of resignation would have been accepted; considering that the company is so vulnerable due to his absence.
It would be in the best interest of the company, if instead of pursuing this matter, which is not at all worthwhile; thee company pursues a policy of HRD and developing its employee to an extent that "no one becomes indispensable". It will also result in lesser attrition.
Warm regards.,
From India, Delhi
I understand your predicament.
i agree with the opinion of Dikshit.tgs and others.
About the para added by your boss and despite his emotional state, it is entirely unfair to put the blame on the person who absconded; and taking legal action for the losses does not hold water.
For one, If the employee was so valuable; what was his designation, salary and other compensation ?? Does these justify the role he was performing ??
I am certain; despite such responsibilities which can cause such a huge loss to the company; he must have been exploited and paid peanuts.
He helped the company grow from 5 to 30; yet he must not have been rewarded adequately.
what else can be thee reason for his leaving like this ???
It is advisable to do some soul searching; and to attempt to make him responsible for the losses (some of which may be entirely hypothetical), would only project the ridiculous way the company has been functioning. Why was he not made the Director (or promoted to some senior position); if he was so much responsible for the existence and profits of the company ??
This has happened only because that person was saddled with much more work than he could handle; there was no back-up or support available to him; had it not been the case the company would not have been hit so hard due to his absence.
Pardon me for the contrarian opinion; but I feel the employee had no other choice left, but to leave without any notice. Under the circumstances, as cited by you, one does not think his notice of resignation would have been accepted; considering that the company is so vulnerable due to his absence.
It would be in the best interest of the company, if instead of pursuing this matter, which is not at all worthwhile; thee company pursues a policy of HRD and developing its employee to an extent that "no one becomes indispensable". It will also result in lesser attrition.
Warm regards.,
From India, Delhi
Dear Mr. Raj Kumar,
I clearly did not mention this employee being the only person to have brought the company up to this level. It has taken the efforts of the entire team for this company to stand where it is now. he has had a contribution as a part and not entirely. We offered him a team handling position and with that an incremented amount which would as with all would have been negotiable. We never forced any one in this company to do work that is beyond their capacity . Coz if we were so, we wouldnt grow in the 1st place.
In fact we had a number of issues with the employee regarding his indiscipline, regarding not coming on time to work . Taking excessive leaves and half days etc. But we always kept an open mind , warned him and still motivated him to work hard , as we considered his talent above his mannerisms. Even though he was talented he couldnt give proper time lines for deliveries and always delayed every project delivery. I understand the content of the letter was rude ,but im glad its not illegal.
And Mr. Raj Kumar, you make our company come across as some kind of slave run operation. While we are just the opposite.
Nevermind. I would like to inform you that we had accepted his resignation, but wanted him to follow the company policy of completion of 45 days notice period, which he did not do. Also he left the project mid way without a proper handover and he purposely created bugs in the application he was developing and put us into a mess before leaving, deleted all research material which is company property.What more can I say.
But I still take a stand for my Boss as I can truly understand as a human being , when all the training you put into an individual to convert him from a fresher to a proper developer,and he ditches you in a manner that puts you to such loss of image , you are bound to let human emotions override you.
I was hoping for a more positive outlook from this forum, of how to handle this situation . Still keeping my hopes alive.
Thanks,
Lorreta
From India, Mumbai
I clearly did not mention this employee being the only person to have brought the company up to this level. It has taken the efforts of the entire team for this company to stand where it is now. he has had a contribution as a part and not entirely. We offered him a team handling position and with that an incremented amount which would as with all would have been negotiable. We never forced any one in this company to do work that is beyond their capacity . Coz if we were so, we wouldnt grow in the 1st place.
In fact we had a number of issues with the employee regarding his indiscipline, regarding not coming on time to work . Taking excessive leaves and half days etc. But we always kept an open mind , warned him and still motivated him to work hard , as we considered his talent above his mannerisms. Even though he was talented he couldnt give proper time lines for deliveries and always delayed every project delivery. I understand the content of the letter was rude ,but im glad its not illegal.
And Mr. Raj Kumar, you make our company come across as some kind of slave run operation. While we are just the opposite.
Nevermind. I would like to inform you that we had accepted his resignation, but wanted him to follow the company policy of completion of 45 days notice period, which he did not do. Also he left the project mid way without a proper handover and he purposely created bugs in the application he was developing and put us into a mess before leaving, deleted all research material which is company property.What more can I say.
But I still take a stand for my Boss as I can truly understand as a human being , when all the training you put into an individual to convert him from a fresher to a proper developer,and he ditches you in a manner that puts you to such loss of image , you are bound to let human emotions override you.
I was hoping for a more positive outlook from this forum, of how to handle this situation . Still keeping my hopes alive.
Thanks,
Lorreta
From India, Mumbai
Dear Dikshit
As mentioned by you about educating employees and letting employees understand the results of being absconding , etc .Could you suggest ways of how do I go about doing this. Because I really agree to this point of yours. My knowledge in this field is limited as I am just beginning, but I am willing to go all the way. Would really appreciate your help on this.
Thank You.
From India, Mumbai
As mentioned by you about educating employees and letting employees understand the results of being absconding , etc .Could you suggest ways of how do I go about doing this. Because I really agree to this point of yours. My knowledge in this field is limited as I am just beginning, but I am willing to go all the way. Would really appreciate your help on this.
Thank You.
From India, Mumbai
Hi Lorreta Rebello,
To address this issue, I would suggest call up the employee make him understand the situation and invite him for a discussion with the management.
Negotiate the notice period consider his as resignation and get the pending work done. If the employee is unable to come, let him complete the task at his convenience even from home.
Meanwhile, you can try getting another resource for his replacement.
Hope, this works out.
From India, Hyderabad
To address this issue, I would suggest call up the employee make him understand the situation and invite him for a discussion with the management.
Negotiate the notice period consider his as resignation and get the pending work done. If the employee is unable to come, let him complete the task at his convenience even from home.
Meanwhile, you can try getting another resource for his replacement.
Hope, this works out.
From India, Hyderabad
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Legal Clarification on Absconding & Contract Labour.pdf
Absconding letter.doc