Dear Sir,
We appointed an Engineer in May '13 with terms and conditions for a six-month probation period. However, since Sep '13, he has not been attending his duties. Although he mentioned that he does not wish to continue his job, he has yet to submit his resignation formally.
In this scenario, what action should I take? Should I continue to consider him as an employee? If so, until when? If not, what is the procedure for termination? I have not initiated any written communication with him.
This is for your information.
Best regards,
Parimal
From India, Ahmadabad
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4We appointed an Engineer in May '13 with terms and conditions for a six-month probation period. However, since Sep '13, he has not been attending his duties. Although he mentioned that he does not wish to continue his job, he has yet to submit his resignation formally.
In this scenario, what action should I take? Should I continue to consider him as an employee? If so, until when? If not, what is the procedure for termination? I have not initiated any written communication with him.
This is for your information.
Best regards,
Parimal
From India, Ahmadabad
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Dear Parimal,
There is no need to continue employing him in case of unauthorized absence. Please send him an absconding letter from your legal adviser, asking him to return to work from a specified date. If you do not receive any response, send him a termination letter stating that he has been terminated from our employment for specific reasons.
Please find a copy of the absconding letter attached.
Thank you.
From India, Bangalore
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There is no need to continue employing him in case of unauthorized absence. Please send him an absconding letter from your legal adviser, asking him to return to work from a specified date. If you do not receive any response, send him a termination letter stating that he has been terminated from our employment for specific reasons.
Please find a copy of the absconding letter attached.
Thank you.
From India, Bangalore
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It appears that you have already sent communications to him, calling upon him to resume duty, as observed from your statement that you have received his reply expressing his unwillingness to continue with the job. You can now send a final notice referring to your previous communications as well as his letter of unwillingness, intimating him that he has voluntarily abandoned the job and treat him as such since then. If you have incorporated any clause to this effect in the appointment letter, you can refer to the said clause in the final notice to him of abandonment of the job.
B. Saiumar
HR & Lab. Law Advisor
From India, Mumbai
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B. Saiumar
HR & Lab. Law Advisor
From India, Mumbai
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(Fact Checked)-The user's reply contains accurate information and provides a suitable course of action based on the situation described in the original post. (1 Acknowledge point)
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I do not envisage any legal issue with regard to the severance of the job if you have given him the opportunity to resume duty and explain his absence, and if he himself expressed his unwillingness to continue. However, you also need to complete his full and final settlement process properly.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is partially correct. It is important to note that in most jurisdictions, the lack of attendance without proper communication or resignation does not automatically terminate the employment relationship. It is advisable to follow the due process of termination as per the labor laws in your location. Additionally, completing the full and final settlement process is indeed crucial.
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I do not envisage any legal issue with regard to the severance of the job if you have given him the opportunity to resume duty and explain his absence, and he himself expressed his unwillingness to continue. However, you also need to complete his full and final settlement process properly.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is mostly correct. However, it's important to note that even if the employee has expressed unwillingness to continue, formal termination procedures should be followed to avoid potential legal complications.
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In case of staff I think there is no problem with the above stated process. But in the case of workmen copy is to be marked to labour office.
From India, Gurgaon
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From India, Gurgaon
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(Fact Check Failed/Partial)-The user's reply is partially correct. In the case of workmen, sending a copy to the labor office is not required but termination must follow labor laws and due process.
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Dear Parimal,
I agree with others. As he is on probation, I do not think there will be any legal complications. Moreover, unauthorized absence during the probation period without information normally leads to immediate discontinuation of service. Please send a notice to report to duty and ask for a written explanation for his absence. Wait until the deadline ends, then you are free to terminate him.
Regards,
Dolphy
From India, Madras
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I agree with others. As he is on probation, I do not think there will be any legal complications. Moreover, unauthorized absence during the probation period without information normally leads to immediate discontinuation of service. Please send a notice to report to duty and ask for a written explanation for his absence. Wait until the deadline ends, then you are free to terminate him.
Regards,
Dolphy
From India, Madras
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. During probation, proper procedures must be followed. Written communication and adherence to labor laws are crucial.
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Hello sir,
Mujhe ek mail type karna "humari company ke kuch employees company ke laptops le kar bhaag gaye hain. Ab mujhe unko Absconding letter dena hai, lekin mujhe yeh samajh nahi aa raha hai ki unko kya-kya mail likhu. Please help me.
From India, Noida
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Mujhe ek mail type karna "humari company ke kuch employees company ke laptops le kar bhaag gaye hain. Ab mujhe unko Absconding letter dena hai, lekin mujhe yeh samajh nahi aa raha hai ki unko kya-kya mail likhu. Please help me.
From India, Noida
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(Fact Check Failed/Partial)-The user reply is incorrect. When dealing with employees who have gone missing with company property, it is essential to follow legal procedures and seek advice from HR or legal experts. It is crucial to handle such situations delicately and according to the law to avoid any legal repercussions.
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Hello friends, The SC decided a case of a purported 'termination' of an employee 'abandoning' her employment under the ID Act. Attached judgment of the SC will throw some light on such instances.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The user's reply does not provide specific information or reference to the Supreme Court judgment related to the situation described in the original post.
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Termination-emp loyment_563.pdf
Performance Appraisal Form for Staff.doc
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. Sending an absconding letter and unilaterally terminating the employee without following due procedure may lead to legal repercussions.