One of our employees met with an accident one month ago. He requested a 15-day leave which we approved. However, he has not returned or responded to our calls or emails since then. Last week, we sent an absconding letter to his permanent residence but have not received any response. Please advise on the next steps.
From India, New Delhi
1From India, New Delhi
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Since the employee met with an accident, would it not be premature to take action for termination as the employee is not responding to your attempts to contact him? Considering the nature and location of the accident, you may try to empathize with his situation and allow a little more leeway.
Presuming that you have a clause providing for termination in case of voluntary abandonment, you must adhere to the minimum principles of natural justice before striking off the employee's name from the company's roster. To do this, serve him a notice informing him that he has been on unauthorized absence since --/--/-- and demanding that he resume duty within three days of receiving the notice. Failure to do so would lead to the presumption that he has abandoned his job, and subsequent action as per the specified clause would be taken against him. Send this communication to all his known addresses via registered mail. Wait for the acknowledgment to be returned as having been received or refused. If he fails to return, you can proceed with the presumptive clause and take action to strike off his name.
If there is no valid clause in the service conditions for such a situation, you should follow the disciplinary action recommended by the esteemed Umakanthan Sir.
From India, Mumbai
Presuming that you have a clause providing for termination in case of voluntary abandonment, you must adhere to the minimum principles of natural justice before striking off the employee's name from the company's roster. To do this, serve him a notice informing him that he has been on unauthorized absence since --/--/-- and demanding that he resume duty within three days of receiving the notice. Failure to do so would lead to the presumption that he has abandoned his job, and subsequent action as per the specified clause would be taken against him. Send this communication to all his known addresses via registered mail. Wait for the acknowledgment to be returned as having been received or refused. If he fails to return, you can proceed with the presumptive clause and take action to strike off his name.
If there is no valid clause in the service conditions for such a situation, you should follow the disciplinary action recommended by the esteemed Umakanthan Sir.
From India, Mumbai
How do you know he had met with an accident? Is it as per his statement? then it is false. He might have got better opportunity elsewhere and wants to quit without any notice. Regards, Suresh
From India, Thane
From India, Thane
You sent another communication with charges and advised him to join within the stipulated time, or otherwise, action deemed fit shall be initiated without further intimation. If you are framing charges, then follow the clause under SO or your company policy.
From India, Mumbai
From India, Mumbai
Dear colleague,
Since he is absconding/non-communicative after the accident, first ascertain from reliable sources that he is alive and kicking. Then resort to the action of voluntary abandonment after communicating with him in writing to report for duty within 3 days from receipt, and if he fails, strike out his name from the muster. Remember that the legal position on voluntary abandonment is that it is not a matter of inference but has to be proved in the inquiry. You can still take a chance, and if it goes unchallenged, well and good; otherwise, you will have to hold the inquiry and follow the due process.
Regards, Vinayak Nagarkar, HR Consultant
From India, Mumbai
Since he is absconding/non-communicative after the accident, first ascertain from reliable sources that he is alive and kicking. Then resort to the action of voluntary abandonment after communicating with him in writing to report for duty within 3 days from receipt, and if he fails, strike out his name from the muster. Remember that the legal position on voluntary abandonment is that it is not a matter of inference but has to be proved in the inquiry. You can still take a chance, and if it goes unchallenged, well and good; otherwise, you will have to hold the inquiry and follow the due process.
Regards, Vinayak Nagarkar, HR Consultant
From India, Mumbai
Start an enquiry process. Inform employees in writing about the enquiry. Send an employee to his local address to meet him and find out the factual position. Give opportunities to the employee to defend his position and finalize the enquiry as quickly as consistent with natural justice. Private companies cannot keep indefinitely waiting for employees to come back.
From India, Pune
From India, Pune
Now the facility available to find out the new employment as per his UAN. Through UAN you can see linked with another establishment. Thanks, Vidyadhar Bhat
From India, Pune
From India, Pune
I would second KKHR in his views. Please send him a letter stating that he has been on unauthorized leave of absence since [date]. Also, how did you conclude that he really met with an accident? Is that just a reason stated by the employee? Use registered post to obtain the accepted/denied receipt. After that, you can make a decision accordingly. I hope he doesn't have any company belongings with him.
From India, Bangalore
From India, Bangalore
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