Dear Sir/Madam,
If an employee leaves the job without any notice to the organization, what actions should be taken? Are there any options for the organization to withhold employee money for job security? (Such as PF or any other options not covered by PF).
Thank you.
From India, Bijapur
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If an employee leaves the job without any notice to the organization, what actions should be taken? Are there any options for the organization to withhold employee money for job security? (Such as PF or any other options not covered by PF).
Thank you.
From India, Bijapur
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Hi Ramesh,
If an employee absconds from duty without any information, the first step HR should take is to try to reach him/her over the phone or through other possible sources. Alternatively, HR can try to reach the emergency contact number (who is supposed to be a family member of the employee).
If HR is unable to reach the absconded employee and his emergency contact over the phone despite multiple attempts, a warning letter can be served to the employee's permanent and temporary addresses provided in his personal file records. The letter should be served through Registered Post with Acknowledgment Due (RPAD). In the warning letter, a reasonable time frame must be given to the employee to report back.
In most cases, absconded employees tend to contact HR after receiving the warning letter, justifying reasons for their absence from duty or their inability to continue. If the employee fails to respond to the warning letter (either in writing or by reporting to the office), a second warning letter can be served, referring to the first warning letter. In case of no response, termination of the employment contract can be served to the absconded employee. This process is generally followed in the disciplinary process in the corporate sector. In a factory setting with unions, the process may differ.
All correspondences, including the RPAD receipts, should be safely preserved in the file. If the RPAD is bounced back, HR should not open it and file it as it is.
In general, according to the principles of natural justice, an employee should be given sufficient opportunity to report back. A hasty termination process may backfire in the future if the employee approaches the labor court for unfair termination.
From India, Madras
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1153If an employee absconds from duty without any information, the first step HR should take is to try to reach him/her over the phone or through other possible sources. Alternatively, HR can try to reach the emergency contact number (who is supposed to be a family member of the employee).
If HR is unable to reach the absconded employee and his emergency contact over the phone despite multiple attempts, a warning letter can be served to the employee's permanent and temporary addresses provided in his personal file records. The letter should be served through Registered Post with Acknowledgment Due (RPAD). In the warning letter, a reasonable time frame must be given to the employee to report back.
In most cases, absconded employees tend to contact HR after receiving the warning letter, justifying reasons for their absence from duty or their inability to continue. If the employee fails to respond to the warning letter (either in writing or by reporting to the office), a second warning letter can be served, referring to the first warning letter. In case of no response, termination of the employment contract can be served to the absconded employee. This process is generally followed in the disciplinary process in the corporate sector. In a factory setting with unions, the process may differ.
All correspondences, including the RPAD receipts, should be safely preserved in the file. If the RPAD is bounced back, HR should not open it and file it as it is.
In general, according to the principles of natural justice, an employee should be given sufficient opportunity to report back. A hasty termination process may backfire in the future if the employee approaches the labor court for unfair termination.
From India, Madras
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Hi,
Further, you cannot hold PF or gratuity payable to employees as they are statutory. However, gratuity can be forfeited if an employee's services have been terminated due to riotous or disorderly conduct, any other violent act, or committing an offence involving moral turpitude.
Nowadays, many corporations tend to forfeit the full and final settlement payable to employees (such as salary, leave encasement, LTA, etc.) against the notice period, which is also not right. Due to this practice, employees are now absconding from duty immediately after the credit of salary.
From India, Madras
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Further, you cannot hold PF or gratuity payable to employees as they are statutory. However, gratuity can be forfeited if an employee's services have been terminated due to riotous or disorderly conduct, any other violent act, or committing an offence involving moral turpitude.
Nowadays, many corporations tend to forfeit the full and final settlement payable to employees (such as salary, leave encasement, LTA, etc.) against the notice period, which is also not right. Due to this practice, employees are now absconding from duty immediately after the credit of salary.
From India, Madras
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