Can you please tell me what all documents are required from the employee if he is absconding for a period of 3 months without intimation and coming back after 3 months with a medical certificate? What actions can be taken against him?
From India, Mumbai
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From India, Mumbai
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Disciplinary Action. Verify the medical Certificate. do a cross check of his health from your side.. after that based on the outcome you can decide,,,,
From India, Coimbatore
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746From India, Coimbatore
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Hi Shub,
That's all you can do, as Peer Saab has mentioned. Do all required cross-checking and, based on that, take him/her back if the reason is really genuine. And I think you have to take that employee back only as a fresh joinee and can't continue his last services. Hope this is of some use for you.
Regards,
Amith R.
From India, Bangalore
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That's all you can do, as Peer Saab has mentioned. Do all required cross-checking and, based on that, take him/her back if the reason is really genuine. And I think you have to take that employee back only as a fresh joinee and can't continue his last services. Hope this is of some use for you.
Regards,
Amith R.
From India, Bangalore
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First of all, you should not allow any employee to come in this way. It all depends on you presently. My advice is to give him the relieving and experience letter and ask him to leave.
But for next steps, do follow this: if any employee is absent from the office for one week without notice to HR or the manager, send a letter through post (registered) to his permanent address stating that if you don't come, we will treat this as a violation of the rules and will terminate you. Please respond within 7 working days. If there is no response to the first letter within 7 working days, send a second one, and after that, send the photocopies of the letter to the address. Do not send the experience or relieving letters, only the termination letters.
Sincerely,
CH
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But for next steps, do follow this: if any employee is absent from the office for one week without notice to HR or the manager, send a letter through post (registered) to his permanent address stating that if you don't come, we will treat this as a violation of the rules and will terminate you. Please respond within 7 working days. If there is no response to the first letter within 7 working days, send a second one, and after that, send the photocopies of the letter to the address. Do not send the experience or relieving letters, only the termination letters.
Sincerely,
CH
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What were you doing for three months... were you waiting for him to join? You should have then only tried to contact him at the address given by him. You could have also sent him a telegram to that effect. If he had not made any communication, then you could have easily declared him absconding.
Now, in the present case, you can verify the medical records and issue him a warning letter stating why no communication was made from his end. You cannot expel him from the office as you have not prepared any background for the same. For next time, take proactive measures. Legally, you cannot terminate him if his medical certificates are correct. Issue him a soft warning letter. Discuss with your superior what specific actions you can take as you best know the entire story.
Regards,
Nilendra
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Now, in the present case, you can verify the medical records and issue him a warning letter stating why no communication was made from his end. You cannot expel him from the office as you have not prepared any background for the same. For next time, take proactive measures. Legally, you cannot terminate him if his medical certificates are correct. Issue him a soft warning letter. Discuss with your superior what specific actions you can take as you best know the entire story.
Regards,
Nilendra
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Please review what your offer letter says. Usually, every offer letter contains a clause stating that if an employee (e.g., XYZ) is absent from duty for a consecutive number of days (x days) without providing any information, it will be treated as termination, etc.
If this clause is present, you should consider treating him as a new appointment if a suitable position is available within your organization. Of course, conduct a thorough background check. Ask him to provide all the relevant documents, including doctor's notes, to address your concerns. It is surprising that he did not inform you about his absence for three months in today's world. Personally, I cannot justify this.
Thanks,
Manish
From India, Ernakulam
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If this clause is present, you should consider treating him as a new appointment if a suitable position is available within your organization. Of course, conduct a thorough background check. Ask him to provide all the relevant documents, including doctor's notes, to address your concerns. It is surprising that he did not inform you about his absence for three months in today's world. Personally, I cannot justify this.
Thanks,
Manish
From India, Ernakulam
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
DISCIPLINARY ACTION.ppt