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Dear all ,
I am in the manufacturing industry . Recently joined HR & the only person responsible for all work .. Few days back one of our employee left the organization without information & called up from home that he will not join . At this point of time what do I do ? He has worked for 4 days this month . Will we have to deduct the ESI amount from his 4 days salary & need to submit it . And how do I relieve him from service ? Do I terminate him ? Or Do I send him the notice ? I tried to persuade him to come once & resign But he didn't come. We are not following any standing order act . So please guide me .
Thanks & Regards,
Ashfaque

post a registered AD letter to the ad mentioned in his personal file,state clearly that he is been absenting fro the office duties since.... without prior intimation and on the receipt of this letter he needs to be present in the office on .....date(give threedays gap),beyond which his name will be struck frm the emplyment record,,,and if he is not present on that day ,send a second reminder...(natrual justice).
Also as per the records what ever money is due to him needs to be sent to him by chq ,if he does not resume at all..
hope u are clear,nw a days many companies dont waste time on such matters but this is the process you may do it or ignore and face legal concequences (u never know the devil in the emoployees mind).
As a HR professional try ur best to learn n follow right procedures...some might tell you its a waste of time,,,but do a fine job..
Malvina Ashok

When he is not bothered about his 4 days pay, then why u r so worried? Deduct the ESI amount as applicable & give him a notice only. I am sure if he requires his pay, he will definately come back if not then it will be the total profit of the co. Anyws concentrate on your other HR activity.
Pareejat

Dear Ashfaque, Dont worry about this situation. If he is not interested to take his salary, live it. You should contribute his ESI and PF. Regards Geeta
Dear Ashfaque, Mr. Malvina Ashok guided u right thing. At the time of making Full & Final you have to deduct ESI + PF according to government rule. Regards Shyam 09999042042
Dear Ashfaque,
You can send the warning letter,latter show cause letter and finally you can put the charge sheet on him.after all these you can terminate him from the service according to hisappointment letter.
Rgds
Dinesh

Dear Friend,
In my view, if the employee is esrning below 10k is applicable for ESI and if he is in JM & above level......you can send a Unauthorised Absence Letter to his personal Address & same should be in his personal file.
or
You can delete/Hide his name from Pay Roll & would be better. no need face the problems. if you post him in the particular period, you have to show him attrition list............ alsooooooooooo. then the mgt will object by observing the uncircumstances..........
just process tactifully & do favour towards organization.

In the above mail, u have not mentioned, how many days the employee worked in the organization
If he is working from since so many days suddenly happend means, you have to send show cause Letter to his personal address & process for ESI for 4days also.....(Legally)

dear Ashfaque
pls note that the oral instruction given by employee cannot be construed as resignation, in case if the employee has got any minimum courtesy he should send his resignation by register post stating the reason for his not reporting for the work.
you can send him notice stating that his absent from the work is unauthorized and therefore he is liable to terminate from the services and his emoluments earned for his man days worked can be confiscated .
since his service in the organization was only 4 days it is construed to be very in significant and hence no statutory rules is applicable here.
thanks and regards
raghunath

[quote=ashfaquetech;563663]Dear all ,

I am in the manufacturing industry . Recently joined HR & the only person responsible for all work .. Few days back one of our employee left the organization without information & called up from home that he will not join . At this point of time what do I do ? He has worked for 4 days this month . Will we have to deduct the ESI amount from his 4 days salary & need to submit it . And how do I relieve him from service ? Do I terminate him ? Or Do I send him the notice ? I tried to persuade him to come once & resign But he didn't come. We are not following any standing order act . So please guide me .

Thanks & Regards,
hi, friend u r saying that employee has worked 4 days only then no need to submit ESI Return on him. have u given appointment letter to him or not? If u have given that one then read some clauses and follow based on it. And give some information regarding the person joining whether he is in onrole employee(Trainee/Probation/Confirmation) or off role employee. Based on that we will give suggestions. is ur company has any ISO certificate / Which type of manufacturing industry.

B Ram Naveen Kumar


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