Dear All,
We are in the facility management/service business, and 99% of our staff are classified as fourth-class employees. For a long time, we have been facing a problem where employees leave their jobs voluntarily. As we are in the service industry, we must provide replacements immediately without fail, as per the terms and conditions of the tender. Finding a replacement is not a problem for us. However, over the last four to five years, a new issue has emerged - employees leaving their jobs and then returning after 3-4 months or even longer, seeking re-employment.
Recently, a lady filed a case with the labor department after 3 years, claiming that we terminated her without notice and demanding her job back. The actual scenario was that she went on leave and did not return. Our standard procedure is to wait for a week, and if the employee does not return, we deploy new manpower. During the appointment, we clearly communicate to employees to provide us with one month's notice or at least one week's notice when leaving their jobs, a requirement that applies to us as well. We also have them sign a document to acknowledge this. However, these measures have been ineffective, with employees often resorting to threats to involve the labor department.
Up to now, we have managed to resolve such situations diplomatically, sometimes even at the Labor Commissioner's office, and have successfully defended our case. Nevertheless, we are seeking a permanent solution to this recurring issue. Dealing with these matters is time-consuming and results in unnecessary expenses for us, despite not being at fault.
This problem is prevalent in our industry, where writing letters or notices to employees can be challenging. Employees are now more aware of their rights but seem to lack a sense of responsibility. It is stipulated in our tender terms and conditions that if the Principal Employer requests the removal of a specific individual, regardless of the reason, we are obligated to comply and terminate the said person. We do not have the authority to refuse such requests.
Thank you.
From India, New Delhi
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18We are in the facility management/service business, and 99% of our staff are classified as fourth-class employees. For a long time, we have been facing a problem where employees leave their jobs voluntarily. As we are in the service industry, we must provide replacements immediately without fail, as per the terms and conditions of the tender. Finding a replacement is not a problem for us. However, over the last four to five years, a new issue has emerged - employees leaving their jobs and then returning after 3-4 months or even longer, seeking re-employment.
Recently, a lady filed a case with the labor department after 3 years, claiming that we terminated her without notice and demanding her job back. The actual scenario was that she went on leave and did not return. Our standard procedure is to wait for a week, and if the employee does not return, we deploy new manpower. During the appointment, we clearly communicate to employees to provide us with one month's notice or at least one week's notice when leaving their jobs, a requirement that applies to us as well. We also have them sign a document to acknowledge this. However, these measures have been ineffective, with employees often resorting to threats to involve the labor department.
Up to now, we have managed to resolve such situations diplomatically, sometimes even at the Labor Commissioner's office, and have successfully defended our case. Nevertheless, we are seeking a permanent solution to this recurring issue. Dealing with these matters is time-consuming and results in unnecessary expenses for us, despite not being at fault.
This problem is prevalent in our industry, where writing letters or notices to employees can be challenging. Employees are now more aware of their rights but seem to lack a sense of responsibility. It is stipulated in our tender terms and conditions that if the Principal Employer requests the removal of a specific individual, regardless of the reason, we are obligated to comply and terminate the said person. We do not have the authority to refuse such requests.
Thank you.
From India, New Delhi
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Dear Colleague,
This is a typical challenge faced by industries where high mobility occurs, and most of these workers fall under the provisions of the ID Act 1947. In many cases, the employer has to go through a tedious process to prove that these employees are at fault. On one side, there is pressure from the performance evaluation, and on the other side, there are intermittent employees who are in demand. These types of employees often take up multiple jobs elsewhere easily and then return, wanting to work again. The challenge is well understood, and I will share how we have handled this in the past, which may be useful to you.
1. When recruiting such floating employees, we include in the employment contract a clause stating that anyone absent for more than one week without prior intimation/leave approval will be considered as "abandoning" their service. Such employees are not permitted to rejoin unless there are compelling medical reasons.
2. In such cases, we send a notice invoking the clause in the employment contract, informing the employee that continuous absence without intimation constitutes abandonment of services. The employee is then advised to report for an inquiry before the designated officer by a specified date. Subsequently, we document the case and issue a termination notice based on abandonment grounds.
3. Simultaneously, we settle the Full and Final (F&F) for these employees and diligently document these aspects in the HR Department files.
4. These employees are not given a second chance. Allowing them to work intermittently year after year would qualify them for Gratuity and other benefits, creating unnecessary burdens without justification.
Though challenging initially, improving documentation and managing such cases effectively are crucial for administration:
- Establishing sound employment contracts
- Issuing meticulous notices and documenting "abandonment"
- Concluding with termination or contract closure orders
- Processing Full and Final settlements
- Maintaining clear documentation
- Avoid rehiring such individuals
These actions not only provide legal support but also communicate decisively with other workers, prompting them to adjust their behavior or choose to leave, enhancing their regularity.
From India, Chennai
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This is a typical challenge faced by industries where high mobility occurs, and most of these workers fall under the provisions of the ID Act 1947. In many cases, the employer has to go through a tedious process to prove that these employees are at fault. On one side, there is pressure from the performance evaluation, and on the other side, there are intermittent employees who are in demand. These types of employees often take up multiple jobs elsewhere easily and then return, wanting to work again. The challenge is well understood, and I will share how we have handled this in the past, which may be useful to you.
1. When recruiting such floating employees, we include in the employment contract a clause stating that anyone absent for more than one week without prior intimation/leave approval will be considered as "abandoning" their service. Such employees are not permitted to rejoin unless there are compelling medical reasons.
2. In such cases, we send a notice invoking the clause in the employment contract, informing the employee that continuous absence without intimation constitutes abandonment of services. The employee is then advised to report for an inquiry before the designated officer by a specified date. Subsequently, we document the case and issue a termination notice based on abandonment grounds.
3. Simultaneously, we settle the Full and Final (F&F) for these employees and diligently document these aspects in the HR Department files.
4. These employees are not given a second chance. Allowing them to work intermittently year after year would qualify them for Gratuity and other benefits, creating unnecessary burdens without justification.
Though challenging initially, improving documentation and managing such cases effectively are crucial for administration:
- Establishing sound employment contracts
- Issuing meticulous notices and documenting "abandonment"
- Concluding with termination or contract closure orders
- Processing Full and Final settlements
- Maintaining clear documentation
- Avoid rehiring such individuals
These actions not only provide legal support but also communicate decisively with other workers, prompting them to adjust their behavior or choose to leave, enhancing their regularity.
From India, Chennai
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Dr. P. Sivakumar,
Thank you for your detailed answer. I am heartily obliged for your reply. I understand it takes time to read and then write. We are somehow following paperwork, that's the reason we are able to handle these cases. Still, I am in the process of amending the employment contract to make it stronger. If any of our members can help me provide such a contract draft, I will be thankful.
From India, New Delhi
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Thank you for your detailed answer. I am heartily obliged for your reply. I understand it takes time to read and then write. We are somehow following paperwork, that's the reason we are able to handle these cases. Still, I am in the process of amending the employment contract to make it stronger. If any of our members can help me provide such a contract draft, I will be thankful.
From India, New Delhi
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This situation can be very frustrating for the HR functionaries, but it is a sad reality as most of the class IV employees are first-generation organized sector employees. They are quite unused to regular working for long periods of time and give preference to their social commitments over organizational requirements. In the name of function in family, community, locality, etc., they would suddenly disappear without information. It would require some time for them to get accustomed to your working.
In cases where there is only an issue of unauthorized absence, instead of terminating them for such absence forever, consider reemploying them on their return as a new employee. Take some sort of assurance not to repeat such an act in the future. Give them a contract appointment for six months at a time. Since these employees are already experienced, they can resume working from the moment they are employed. Keep some extra people on your rolls to overcome the immediate crisis.
From India, Mumbai
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In cases where there is only an issue of unauthorized absence, instead of terminating them for such absence forever, consider reemploying them on their return as a new employee. Take some sort of assurance not to repeat such an act in the future. Give them a contract appointment for six months at a time. Since these employees are already experienced, they can resume working from the moment they are employed. Keep some extra people on your rolls to overcome the immediate crisis.
From India, Mumbai
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Dear KK,
We can't keep extra manpower on our payroll as we are a contractor, and each employee costs a lot. Reemploying them every time is also not possible because we have to provide replacements immediately. Additionally, our service locations vary from one place to another.
Thank you.
From India, New Delhi
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We can't keep extra manpower on our payroll as we are a contractor, and each employee costs a lot. Reemploying them every time is also not possible because we have to provide replacements immediately. Additionally, our service locations vary from one place to another.
Thank you.
From India, New Delhi
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