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Hi, Pls guide me on the below query.
" Incase of an employee absconding on day Two of his joining, what kind of formalities needs to be done by HR."
Does Absent Showcause hold good in this case... or direct termination would suffice. In case of termination , what shall be the hold time after which this action needs to be taken.
Let me know any other actions that i have missed to be taken up in such cases.
Regards.
22nd October 2010 From India, Hyderabad

Psdhingra
Legal Analyst, Hrm, Domestic/ Departmental
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Kannanmv
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Rajanassociates
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MAULIK PATEL
Manager - Hrm - Charis Lifesciences Ltd.
+9 Others

You need to issue him 2 warning letters, delivered at his place, and then can terminate him, sending him a copy of termination letter as well.
Remember to keep all the records for the letters which u'll post along with their photocopies.
22nd October 2010 From India, Delhi
Hi ,
Thank you for clarification, i get one more doubt here as to, during the probation period company holds right to terminate without notice at its discretion, so y to waste so much of efforts and penny... y not direct termination, ur terms shall feel good, if at all the employee stays with the company at least till the time he gets confirmed.
Can this be ruled on.
Regards.
22nd October 2010 From India, Hyderabad
Absconding from duty for two days without information or sanction of leave from the competent authority is a misconduct. But without knowing the reasons, one should not proceed further in the matter. However, a charge sheet can be issued to the concerd employee for remaining absent from the duty without information or sanction of leave from the competent authority. After receiving the reply to the charge sheet from the employee, the disciplinary authority has to decided whether the reply to charge sheet is satisfactory or not. If the competent authority does find the reply to the charge sheet, further course of action can take place.However, one should keep in the mind that without holding the proper enquiry in the matter, employee can not be terminated, which is proper as per law
otherwise termination can be challaged in the Labour Court and will be miscarrage of law. Regard Mohamad Rafq.
22nd October 2010 From India, Jaipur
Always ignore the matter if any new joined employee, does not willing to come after joining within 7 days-30days of joining his job (absconding is a wrong word until unless you get a call from his home or you owns his life or future!!), If he again rejoin after some days, try to understand the real reasons & you can give him second chance. No termination is require only for the reason as he (new employee) is absent.
P.Rao-Sr. Manager
23rd October 2010 From India, Mumbai
Of course a probationer, as per the prescribed provision of the organization about termination "without notice" can be resorted to.

BUT, never take any hasty step just on presumption basis unless you are really sure that the employee/probationer is absenting willingly and unauthorizedly. Humanitarian grounds should never be lost sight of if you want loyalty and sincerity of employees. There may be some compulsion with the probationer, like accident of self or a family member, death of any near relative, sudden serious illness of self or family member.

If the candidate has a contact number, must try to contact him or his family members on phone or through some messenger. If you find some evasive response, only then you can be sure to some extent that the candidate does not want to serve your organization. Get the outcome of contact recorded and bring that to the notice of the competent authority. Only then decide whether to serve him a notice for unauthorized absence or terminate without notice upon getting a formal decision of the competent authority.

PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]



23rd October 2010 From India, Delhi
Dear colleague,

The safest way is the option given by Riah.

But Rajkumar has provided a food for thought. I am reminded of a story which was quoted to me long time back.

It was announced by God to the dead people when they went up to him to choose between Heaven and Hell (choice was left to them)

They were given opportunity to visit both Heaven and Hell. Surprisingly when they visited Heaven they observed that people were is agony pain and were tortured, but the scene in Hell was quite opposite, people were enjoying, having fun etc.,

Finally when they all went up to God most of chose to go to Hell. God agreed and sent them accordingly. But the scene in Hell had changed. In short what they observed in Heaven was transformed to Hell and vice versa. (The scenes were what we have heard from our elders - Original Heaven and Hell)

So it is important for HR professionals like us to really project what our organisation's culture is right from the day one and not to paint a rosy picture to the candidate prior to his joining or immediately after he joins. If you don't give him the real picture you are bound to face such surprises.

But I would not blame the culture that exists in your organisation. Each organisation has its own culture, the point I am trying to make is, explain it to the new entrants so that they are not taken by surprise. Also try and create an atmosphere/ culture that will retain candidates. Retain good practices in your current organisation and try and minimise the harsh/ impractical practices and replace it with positive practices for better employee retention. This suggestion is because employee retention is the biggest challenge we face these days.

Best regards

M.V.KANNAN
23rd October 2010 From India, Madras
Dear friend,

It is very very clear that he is not interested in his job or your company. He might have had another offer. Having worked for ONE DAY what an employee expects? The principles of natural justice, and opportunity to be heard,etc. are to be considered only when someone puts in a considerble no.of years of service in an organization. In this case, we are not violating any law. A person before joining, made effort to go to company's website and tried to understand the company's background, etc., can't he have courtesy to inform the auhtories that because of such and such reason he could not turn up for duty? Does he not have phone no. of the company? If this is what the attitude he exhibites, that too the very next day of having joined the company, what kind of commitment you can expect from from?

You know something. There are a lot of people suddenly disappear without any information, and work in some other oraganization with an offer. They work for 10 - 15 days or so and if they like the job, they stay back, and if they don't, come back saying that they had jaundice, one of their close relatives died, they met with accident, etc. and bring one (false) doctor's certificate. What do you say for this attitude? Establishing their claim whether it is genuine or not is different issue.

In your case, you do not have to initiate any letter to be sent to him. Just keep quite. Don't even load his data onto the payroll master for processing salary. Don't even consider him as an employee. if at all he turns up later, depending on the merits of the case, you can decide to have him (as new joinee) or otherwise.

I am not for this attitude.

V. Balaji
23rd October 2010 From India, Madras
Hi
With all respect to Mr. Balaji and other out here who have posted the views,
If the company have issued the candidate the appointment letter then its better to go safe ( Company and as per law) and send him warning letters as advised by Riah. pls be sure to keep a copy of it and the letter should be sent by Govt. Registered post only with AD. and finally the tarmination letter.
In case, if Company has not issued him the appintment letter then as advised by Mr. Balaji no action is required and company can show the case that offer has been made to him however the candidate has not joined.
Regards
Sachin
23rd October 2010 From India, Calcutta
Dear
In such a case for the record you can issue a call letter.If he does not report then you can issue the termination letter.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
23rd October 2010 From India, Bangalore

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