Hi,
1. What is the maximum action we can take against absconding new joinee.
2. Is there is any way that others can be sensitized about the person.. For e.g. almost all HR personnel uses Cite HR. Is there is any provision that details of absconding employee are stored so that at least the next person can be aware before issuing an offer/ engaging?
3. What needs to be considered before taking any legal action?
From India, Hyderabad
21. What is the maximum action we can take against absconding new joinee.
2. Is there is any way that others can be sensitized about the person.. For e.g. almost all HR personnel uses Cite HR. Is there is any provision that details of absconding employee are stored so that at least the next person can be aware before issuing an offer/ engaging?
3. What needs to be considered before taking any legal action?
From India, Hyderabad
Dear Sudharani,
Replies to your question are as below;
1. What is the maximum action we can take against absconding new joinee.
Reply: - Maximum action could be termination from the services. However, termination it is recommended to conduct the domestic enquiry.
2. Is there is any way that others can be sensitized about the person.. For e.g. almost all HR personnel uses Cite HR. Is there is any provision that details of absconding employee is stored so that atleast next person can be aware before issuing offer/ engaging.
Reply: - It appears that you prefer building centralised records of the employees who abscond. While recruiting, the recruiters may refer this list on whether the employee had abandoned his/her duties in the previous employment. However, this approach is flawed. What if employers start including the names of the employees to settle score with the employees? Secondly, if abandonment of employment is wrong then on spot dismissal is also illegal. How many employers have paid price for their illegal act? Hardly any. Lastly, many companies, especially SMEs, take on board a candidate who has abandoned their employment. They do this because they are just unable to get the candidates. Therefore, they just ignore this misconduct and recruit. There is no need to build repository of the absconded employees as such. Failure of the candidate to provide employment-cum-service certificate is enough to know about abandonment of the employment.
3. What needs to be considered before taking any legal action?
Reply: - You may file a suit for abandonment of employment. However, whether the case will stand legal scrutiny that remains to be seen. Secondly, how many cases will you file? What would be to cost of getting justice?
Final Comments: - Abandonment of employment by newly joined employee could be because of wrong recruitment. Therefore, start emphasising on the selection of the right candidate. Going further, recruitment may be correct but what if the Manager or HOD behaves badly with the newly joined employee? This emotional distraught employee will seek alternate employment. Many employees get couple of job offers. Applicant selects one of the employers. If the alternate employment is at hand then why to work under the abrasive manager? Last reason of abandonment of employment could be mismatch in duties. Employers tell one thing in the job interview and allocate different duties once the candidate joins. The candidates who are unable to reconcile, quit without notice. Employees will not abandon their employment provided their brand attractiveness. Lastly from HR standpoint, employee engagement activities also matter. Abandonment of employment is a sign of mental disengagement of the employee.
Thanks,
Dinesh Divekar
From India, Bangalore
Replies to your question are as below;
1. What is the maximum action we can take against absconding new joinee.
Reply: - Maximum action could be termination from the services. However, termination it is recommended to conduct the domestic enquiry.
2. Is there is any way that others can be sensitized about the person.. For e.g. almost all HR personnel uses Cite HR. Is there is any provision that details of absconding employee is stored so that atleast next person can be aware before issuing offer/ engaging.
Reply: - It appears that you prefer building centralised records of the employees who abscond. While recruiting, the recruiters may refer this list on whether the employee had abandoned his/her duties in the previous employment. However, this approach is flawed. What if employers start including the names of the employees to settle score with the employees? Secondly, if abandonment of employment is wrong then on spot dismissal is also illegal. How many employers have paid price for their illegal act? Hardly any. Lastly, many companies, especially SMEs, take on board a candidate who has abandoned their employment. They do this because they are just unable to get the candidates. Therefore, they just ignore this misconduct and recruit. There is no need to build repository of the absconded employees as such. Failure of the candidate to provide employment-cum-service certificate is enough to know about abandonment of the employment.
3. What needs to be considered before taking any legal action?
Reply: - You may file a suit for abandonment of employment. However, whether the case will stand legal scrutiny that remains to be seen. Secondly, how many cases will you file? What would be to cost of getting justice?
Final Comments: - Abandonment of employment by newly joined employee could be because of wrong recruitment. Therefore, start emphasising on the selection of the right candidate. Going further, recruitment may be correct but what if the Manager or HOD behaves badly with the newly joined employee? This emotional distraught employee will seek alternate employment. Many employees get couple of job offers. Applicant selects one of the employers. If the alternate employment is at hand then why to work under the abrasive manager? Last reason of abandonment of employment could be mismatch in duties. Employers tell one thing in the job interview and allocate different duties once the candidate joins. The candidates who are unable to reconcile, quit without notice. Employees will not abandon their employment provided their brand attractiveness. Lastly from HR standpoint, employee engagement activities also matter. Abandonment of employment is a sign of mental disengagement of the employee.
Thanks,
Dinesh Divekar
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.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Appraisal Form new.doc