Suresh Ramalingam
Legal, Hr & Compliance
Vaibhav.tal
Hr / Personnel / Admin.
Faygeorge
Hr Officer
Ryan
India's 1st Strategic Strengths Coach, Corporate
Richa_ferns
Asst. Manager - Hr
Amith R Murthy
Hr Executive
Capricornabhi
Hr Generalist
Kshama
H.r Executive
Abhilashasen
Hr Executive
Seema_S
Working
Mausam Joshi
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Dholed
Human Resource
Ajitha
Hr Professional
Subrato Banerjee
Service, Manager- Hr
Suryakant_pmir
Hr Generalist
Murali.erp
Software
+1 Other

Dear All,
What action can be taken against an employee who leaves the org. without informaton. The case is that one of an employee left the org. on June 2nd after taking the salary cheque, this way he didn't served the notice period & also taken away the salary with him . I even put him a mail to submit resignation as we do not want to spoil his career by issuing him a Termination letter. The employee has not submitted the resignation with in the time limit specified.
Plz suggest it's urgent!
Regards,
Kshama
12th June 2007 From India, Mumbai
15 Views & no response!! Hasn’t anybody have an idea on the topic? Plz guide me! Regards, Kshama
12th June 2007 From India, Mumbai
Dear Kshama,
If possible, talk to him on telephone and if it is not possible, please serve a notice to the address of the employee officially. Meantime, look for an alternative for his work and start working for replacement in his place, if you believe he is intentionally not coming to office after taking salary.
Ultimately it is his career, where he require relieving letters and experience certificates. He may approach you may not be immediately but at a later stage.
But, if he is not interested to work, let him leave else he spoils the culture of the organisation.
Hope this will help you.
Murali.
12th June 2007 From India, Hyderabad
Hiiiii Shama,
The same thing happened in my workplace . One of the guys left without prior intimation / notice with the salary. However we got a cross verification for him from his new employer and intimated the matter to them, also we are not going to process his PF form from our side .
And have also sent him a termination letter. hez yet to get back to us.
In your case too u should send a termination letter , as there is no point in asking for a resignation from an irresponsible emplyee.
Regards,
Seema
12th June 2007 From India, Pune
If the candidate has left without informing and without any proper information ,Contact him and tell him the importance of leaving an organisation with good name .
Inform him that in this way he will be deprived of full and final settlement in terms of P.F ,Superannuation ,clearance certificate and above all relieving letter .
Tell him where ever he will join ,the new employer will cross check(Refernce Check) with previous HR and in that case you will not be able to help.
i think a good and convincing conversation with him will help you.
regds
baneet
12th June 2007 From India, Hyderabad
dear shama
you should at first speak to the person find out the reasons for such a behaviour. tell him the consequences of leaving the company without following the terms & conditions applicable to him and that his PF & gratuity is still with the company and he will have to come back to the company for helping him out in these areas. Find out the company he has joined.....and tell him the company he is going to join will not be receiving a good feedback about him.
regards
kaush
12th June 2007 From India, Kochi
hi shama.. i forgot to add.... u should also take into consideration the past behaviour / general conduct of the person b4 deciding any further... regards, seema
12th June 2007 From India, Pune
Hi Kshama,

Initiate the process for abandonment of duties immediately. There are three letters which are sent to be sent in succession by Regd. AD.

The first 2 letters will ask the employee to report to work in polite terms. In the third letter, you will draw attention to the earlier letters and then serve a termination notice.

This process will take at least one or two months. A quicker way is to get him to submit a resignation letter.

I agree with Kaushika when she asks you to find out the reasons for such behaviour. In my personal opinion, an employee should never be given a reason to abandon duty. Resignations are a part of growth and all us HR folks must come to terms with it sooner rather than later. Anyone who abandons duty makes me ask the question "what is going on that is so bad that an employee has to abandon service?" Some suggestions :

1) Speak to his colleagues and try and understand from them why he has behaved in this manner.

2) Put yourself in his position and try and figure out if he had any cause to do this.

3) Was he appraised in the last 4 months? What were the results?

4) Find out what his reporting manager has to say about this action. In my experience, there have been occasions where the manager has sanctioned leave, not intimated HR and when the employee doesn't resume, then HR is informed about it.

Someone mentioned that PF withdrawal or transfer can be stopped. Do this at your own risk, because you are legally not allowed to do so. You may stop the settlement of salary and other dues and relieving, but not PF!

All the best! Hope this has been helpful to you!

Regards

Ryan
12th June 2007 From India, Mumbai
Hi,
You have to send a termination notice to that emp as he has not submitted his resignation. See in this case you have to be very professional if the candidate is not interested to follow rules then let him suffer.
I think forget his case and isse him a letter and mention that as he has not intimated before, sending the termination letter.
Also do not issue an exp letter. I think things will work out in such manner.
Dhanashree
12th June 2007
HI
I think u really cant do much abt it....this happens very frequently now a days.... i am a lecturer and in our field this happens very often...
all u can do is make an exit process like Gecis have ....all u can do is trace the employee and start legal proceedings...but only if appointment letter specifies the notice period...but even then u'll be incurring costs on this and chances are tht the result will not be positive for ur company..
regards
Newlearner
12th June 2007 From India, Calcutta
Hi,
From the text of your note it is not very clear as for how many years the employee was serving your Organisation. I mean whether he has any balance leave, LTA or other dues which perhaps can be adjusted than spoiling his career in his new Organisation. As regarding PF you cannot do anything as he can transfer that in his new account from his present Organisation. You can perhaps write a letter in case he is entitled to Gratuity to settle all his dues before settling his terminal claims.
If all efforts fail you need to talk him out and make him understand the pitfalls he will be in once the matter is reported to his present employer.
Regards
Subrato
12th June 2007
Hi
Ryan has answered your question very well.
What was duration of time he spent with your company? If it was just a few months, he may not show it on his cv.
Nevertheless as some of our friends on this site have rightly mentioned, find out the cause of this behavior. You would be able to address the issue in future, before a similar case occurs again.
13th June 2007 From India, Pune
Hi,
I am in consonance with Ryan. There is no way you can legally stop the PF under any circumstances. Its a legal offence.
Corresponding with the employee is the only way. To put the fear in him you can even send a legal notice from your company advocate, wherein you can mention that the employment terms have not been fulfilled by him and he owes the company atleast one months salary.
This has worked in one of the cases which was quite similar, whereby the employee paid up the due amount.
13th June 2007 From India, Mumbai
Hi,
How have you come to a conclusion that he has left the job. You surely have his contact details; try to get in touch. May be he is in trouble and needs your assistance.
If however he has chosen to abscond/abandon his job please follow up with the legal requirement of sending repeated notices with request to rejoin duties forthwith. Having given adequate opportunity to reply/put up his end of the story, you may give him a termination notice; once again giving him opportunity to respond. If no reasoned reply is received within stipulated period then a termination order be sent ias an ex-party decision.
Remember we as an organization can not act irresponsibly and must act within the legal framework without vendetta.
Brigadier Ashwani Kumar
13th June 2007 From India, Delhi
Hi kshama,
Sorry for replying you so late.
In this regard my views are as follows:
(i). The new employer will definately does his reference check with previous company, that time we can intimate them about his sudden relieving without any infomation.
(ii). Resignation let and relieving letters are very very important when we are going to join any new organization, but THIS IS ALSO A FACT many times companies encourage candidates to join their organization without doing any paper formalities. In that case, candidates done this type of mistakes.
Hope this information will help you.
Regards,
Nims
Sr. Exe - HR
13th June 2007
Dear All,
I had gone through the suggetion , I like to inform you that we had same situation where candidates just left the job after getting the salary. We had stop her salary cheque which we had issued to her and ask her to submit all the documets which she carry out at her home, plus hand over the work which she had done in past few days along with resignation letter rather then issue of termination letter which may spoil her career in future.
But instead of submitted al papers , she send us the legal notice for cheque bouncing under section 138 as well as put up all false points.
Considering the all fact and behavior of many candidates I feel that we should not waste our time or bothered for candidates career , take appropriate action imm.
13th June 2007 From India, Mumbai
Hi Utsav and HRAnanth,

Sorry, I don't have the formats with me at the moment. I can give some guidelines to the process as I have understood it.

ALL letters should be sent by Regd AD at the employee's last known address as per records in order to have any legal standing in court.

First letter

1) This must be very polite.

2) You must mention specific dates of absenteeism in this letter

3) Express concern for the employee's well-being.

4) End by asking to him / her to contact the HR or reporting manager immediately on receipt of the letter.

Second letter

1) should be sent after receiving the Regd AD of 1st letter

2) should be polite but stern as well.

3) should draw reference to the first letter

4) should again express concern about employee's well-being

5) should mention the lack of response to the first letter

6) Again ask him to contact the HR or reporting manager immediately on receipt of the letter.

Third letter.

1) should be sent after receiving the Regd AD of 2nd letter

2) should be polite but more stern.

3) should draw reference to the first 2 letters

4) termination notice should be mentioned giving reason of lack of response to the earlier letter.

Other members may please add anything that I may have missed.

Regards

Ryan
13th June 2007 From India, Mumbai
Hi Kshama,
I am from a real estate company. In our industry its a common trend now a days that people take salary and stop coming to ofice. While most of them send resignation letter but some people do not bother.
Here the main issue is why they are leaving the company in that way. Are your exit policies employee friendly? I hope they don't have to wait for months to get their full and final settlement. Such things generally compel the employees to take such steps.
In this case you can send him a warning letter and give him some time to explain the things. Ask him to do the formalities as he might need some help of the company in the later stage of his career. Make him understand this point and try to close the things on a positive note as the employees who are leaving the company can be used as pur brand ambassador. They join our competitors and convey the good things of our company to other people.
13th June 2007 From India, New Delhi
Hi, Leaving an organisation is a fact we need to accept. Howone leaves will decide the course of action. Ther is nothing you could do to help the person because he has left without notice. However, there is a leagally predetrmined termination process to be followed in this case.
Further, all benefits accruing to him are due legally.
You could declare an absconding notice subsequently, in the newspapers if the situation so warrants and the position of the employee involves interacting with the public.
Hope this helps.
Raj
13th June 2007
Dear Kshama,
I agree with Ryan. Please do not be reactive and please do send the three letters that Ryan has asked you to send the employee.
Also, like some of us have mentioned ,employee behavior should be considered. It may help you find if there are any problems of concern within the organisation, team etc..
And if it is just irresponsible and in considerate behavior, do not fret. You can always spill the beans in the cross verification.
Regards,
Abhilasha
13th June 2007 From India, Pune
Hi Kshama,
Appreciate your anguish. However the answer on your quarry of action is more or less what others are saying
1. The employee relation with employer is dictated by the contract of employement so you can send him a notice of absence refering to his contract
2. Give him reasonable time and send him loss of lien letter.
3. Hold his full & final settlement
4. If he has taken any material or valuable information, then you can file police complain as well.
Regards
Dipol
13th June 2007 From India, Delhi
Dear Kshma.
First u have to find out why he has left ? U can talk to hom over phone. U have also not given his employment status. Means which position he was and whether on Probation or confirmed employee. If at all he is not responding it is required to issue a show cause notice / charge sheet seeking his explanation. In other words proceed for Disciplinary Action in order to be in safer side. If u directly issue Termination letter he may go to the court of law. Take immediate action.
Regards
Nirmal
13th June 2007
hi

First of all be clear that PF cannot be stopped under any circumstanaces. Send a registered notice of unauthorised absence just after 7 days from the date of absence asking to report within 3 days, then a second notice specifying that if the person does not respond the services will be terminated within 48 hours and then issue the termination letter. In case of termination except PF i.e Bonus, Leave encashment and last salary if not already paid can be liened. As in this case it has already been paid you can simply adjust bonus, leave encashment and gratuity if the person has served for more than 5 years.

It is a bitter truth that most of us, the HR people do not bother to take NOC or relieving from the last work place of the new employee as a result of which such people get away by doing this kind of action everywhere. Yes if he/she did with the last employer then be sure a repeat will be done with you also. The HR community has to be strong and unbending on certain issues like making submission of relieving mandatory & doing a credit verification from the previous employer before letting a person join.

shilpi
14th June 2007 From India, Thana
Hello !!!
It's OK. As per you records, he is absenting from duty. Send him letter asking him to resume duties in next 4 days ( which certainly he is NOT going to do). Send him next 2 - 3 letters with same request and just remove his name from your muster roll as ' He has abundant' his services. There is no need of issuing 'Termination Letter'. Further, you can deduct appropriate amount of his salary (in lieu of Notice) from his 'Final settlement of dues'.
Vishwa

14th June 2007
Hi,
We can initiate disciplinary action agains him/her also conduct domestic inquiry aginst him or her, untill and unless employee is through with that he is not releived from services and employee can not take any assignment in any company, and it is new company's reposiblity to ensure that he or she is releived from previous employer.
Bye
14th June 2007 From India, Ahmadabad
Hii Shama,
According to me as the employee has left the organisation without prior intimation so its no point in wasting time behind that employee my suggestion is that you can send him a letter mentioning that serve your resignation letter. Still if you don't get any response you can send his termination letter. Secondly if you know the current employment where he is working you can contact them and tell them about the employee. In current situation there are many companies who are doing Background verification for the employee, and if you receive the same for the employee you can give your comments which will affect his current job and will definately revert back to you.
Hope this will help you.
Regards
Sushil..
14th June 2007 From India, Mumbai
Hi all,
Referring the topic please find enclosed an article from Hindu
Business Line which we really require to ponder upon and break our head
It's not that easy to trace these absconders and book them i request
seniors to suggest on same and put it in a step.
15th June 2007 From India, Mumbai

Attached Files
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File Type: doc business_line_527.doc (37.0 KB, 412 views)

Sorry i Forgot to attach the link one can go through this too.
http://www.blonnet.com/2007/06/15/st...1500690900.htm
Cheers!!!!
Pramod
15th June 2007 From India, Mumbai
Dear Friends,

I faced the similar situation very recently.

Our's is a software Dev firm. One of our employees left the company jst sending me his resignation letter when he left for the day on his last working day. It was just the day when the salary was deposited to the bank. I couldnt request a stop payment as we waited for him for a day thinking that he might come back the next day to collect his documents.

He didnt serve his 1 month notice period and after that he never turned up. He even changed his mobile number. Later through one of our other employee we came to know that he got another job and he is joining that company within a day. We have no clue which company he's in and he got his salary which he was not supposed to be paid as he didnt serve his notice, according to our company policy.

We are trying to trace his current company.

I even doubt he might have produced duplicate documents to his current employer.. Just to note that we had frequent problems with the employee and he had been verbally warned couple of times.

I do not want to leave his case just like that and make a fool out of me.

Any suggestions to take it further?... it might be really helpful to us.

Thanks

binzy
15th June 2007 From India, Bangalore
Dear Kshama,
It is advisable to send show cause notice for not attending duty thru' RPAD and wait for his explanations within 7 days. If there is no revert on his side, you can terminate his services, since not attending duty with out prior permission is a serious misconduct of an employee. More than 8days of absence is subject to termination of an employee, which is legally enforceable.
Holding/ not processing of PF will invite trouble with the PF office & legally not possible.
Rgds,
Suresh Ramalingam
15th June 2007 From India, Mumbai
Hi Binzy,
It is heartening to know that you have that much time and energy to pursue such a case. I know I wouldn't.
You have to follow the Show cause notice procedure which myself and others like Suresh Ramalingam have mentioned.
While we cannot stop any statutory payments like PF, you will have the person's form 16. Ask him to collect it in person ONLY. When he does so, then you can also ask him to provide the handover and other things. Someday, especially if he goes to work abroad, he will need a reference letter since organizations over there are more stringent about such procedures. He will then contact you. Of course, you cannot be blunt about it.
I always advise all my employees who mention that they will abandon service not to do so, and to serve the notice so that experience letter and other relationships with the company do not get affected.
Regards
Ryan
15th June 2007 From India, Mumbai
Hi Ryan,
Excellent reply. Well said.
I am pained by the depth of knowledge amoung the HR guys when they speak about stopping PF and other dues. I certainly look the way you said.
If some leaves without notice then there is some thing wrong with the HR process. Look onto yourself first before going after him.
Regards,
Harikeyel
15th June 2007 From India, Thiruvananthapuram
Hi,
can i have all the three types of letter copy (sample), so that we can also practice the similar process in our organization.
my mail id:
waiting for quick response from HR Fraternity.
Regards
Varun
15th June 2007 From India, Bangalore
Hi Ryan,
Thanks for the reply.
A proper warning has been already sent to the employee but the letter has been returned to our address saying that there's no one in that name. Probably the guy changed his residence. Any way his willful abandance questions our integrity...
Like you mentioned earlier he might turn up again one fine day...
Thanks again.
-binzy
15th June 2007 From India, Bangalore
hi......
from my side, as per the situation that u have stated in ur post, these following things should be done:
1. get the employee and his employement history whether he has done the same thing in his previous organizations that u can do by keenly observing his CV
2. get a peer feedback and supervisor's remark
3. consult him directly or pass the communication about the seriousness of his absconding
4. issue a NO Show NO cause notice against him, if he/she does not reply
5. terminate him if he/she does not reply and forward the communication to his refernces too or his previous employers.
these are the basic thing we can do from side based upon the urgency of case.
Thanx n regards:
Suryakant
15th June 2007 From India, Bangalore
thnks abt the PF ISSUE.. coz i was bit surprise to know dat employer can stop the PF.. pls tell me abt the Gratuity also. whether an employer can stop the gratuity payment... regards mausam
16th June 2007
I would propose you the subsequent steps:
Try to make contact with the employee, if possible try to talk to him.
In such case it is important first of all to know the reason as to why the employee is absent.
And accordingly the necessary action can be taken against his absenteeism.
There can be various reasons why the said employee has left without informing.
After an inquiry you can finally issue a termination letter to the employee.
And ask him to settle his due if any and mention about this conduct in his service certificate.
BR
Fay
16th June 2007 From Kuwait
Hi,
As per my knowledge, you are not supposed to hold the PF of an employee.
The employee can directly approach the PF office ( though a tedious process) and apply for his PF. The Company will then be questioned for
withholding the PF papers of an employee.
As others have suggested, the best thing is to try and understand why he left the company. If there is something seriously wrong to be fixed in the organization...it will help in fixing it and also avoid more people leaving in the same manner.
I would also suggest that you pass the message---the implications of abandoning office --- to his friends in office, so that they realize that their friend has committed a mistake and would also not take the company for granted.
Regards,
Prakash
18th June 2007 From India, Bangalore
I am a little surprised.
I thought that legally no company can attach PF with any disciplinary situation! And logically too. Physically PF does not lie with the company (if the company doesn't cheat employees) but with GOI. There is no situation where EPF can be withheld/attached to company clearances. Gratuity is another matter - it is a company policy related payoff hence it can be attached.
Please correct me if I am wrong.
18th June 2007 From India, Bangalore
Hi Kshama,

Please note that any orgn would have a clause in their conditions of employment or in leave policy which would read like this.

`an employee not showing up for work for more than ___ days would be construed as not interested in employment and appropriate termination proceedings would be initiated'

the process followed would be as follows

1. Send out an email/snail mail letter (registered post ack due) to his furnished address intimating that he needs to present himself before HR on or before the _____ date for misconduct. This should be treated as misconduct

2. In case he turns up on the date - ask for written explanation why it happened and get an assurance from him that he would not repeat it in future.

3. In case he does not turn up, send a second reminder about the misconduct informing him that he would be separated without any separation documents (relieving letter/experience letter, etc.)

4. Still he does not turn up, go ahead and terminate him from the services and send out a letter informing him that his services are terminated.

If its a situation mentioned in point # 2 above, keep in mind the past track record of the employee before taking any action.

Further, note that holding back PF or any other statutory deductions is illegal. The last day at work would be taken as the last day he signed in the attendance.

Thanks

Giridhar
18th June 2007 From India, Bangalore
Thanks Giridhar.. I thought we were shifting out of good management practices with most of the suggestions - your’s look the most comprehensive and logical.
18th June 2007 From India, Bangalore
Hi,
I totally agree with Ryan. The procedure of closure of contract between the employer and employee is very sensitive and hence needs to be done with utmost care, formally and legally.
You should follow the steps that Ryan has mentioned ie
1. 2 letters to politely join back duties, mentioning the date from which he is absconding.
2. 3rd letter can be termination. Before sending the termination letter do consult your legal advisor, so that in case of any legal issues he/she would handle the same.
Before you do the above 2, pls find out why the employee is absconding. Though it is common for the employees to go absconding after collecting salary, there should be some real reason. Do some fact finding and if you are convinced that the employee is at fault you should do the above, or else do his F&F and close the chapter.
Hope this helps you!!!!
18th June 2007
[QUOTE=hari;133490]Dear All,
What action can be taken against an employee who is habitually absent the org, without informaton and for simple resons. The case is that one of our employee is irregular, and will take uninformed leave every second day.Even after repeated warnings. He seems to be very careless and iresponsible, His performance is Zero and he is very rude to his seniors and team lead.Can we straight away terminate the person without paying him anything based on his performance, or conduct,cos it is mentioned in the offer letter issued to him that , the candidate can be terminated without any prior notice if his performance is not satisfactory, or if his conduct is not satisdfactory with in the probation period.Also his service to the company is not confirmed and he has joined just 2 months ago and has already taken 17 days leave.Plz suggest it's urgent!
Regards,
hari
7th May 2008 From India, Bangalore
Dear Kshama,
I am totally agree with Ryan, See if any employee is going to absconding so In this case you can issue a 1st warning letter to absconding employee, If you get any response then it's ok otherwise you can issue 2nd letter and go to next and last step for termination letter But during this period you have to try to find out behind the absconding. Some times, what happened Sr. is give a proper feedback so you can keep in touch with his colleagues or dept. After released 2nd letter, you are statisfied then go ahead for termination letter for absconding employee. This process is going to be 10 days. If employee is not reporting till 10 days then it's default come under Voluntary termination.
In absconding case, you can stop his FnF and don't issue an experience and relieving letter to him but you can stopped his PF. PF act, is not allowed. For further you can't rejoin after the released the termination letter.
7th May 2008 From India, Lucknow
Dear Kshama,
i think its better to send out termination on most of the times, because if we keep looking at his career being spoiled it will be problem for us since it doesnt get solved at the earliest and more importantly they will not understand about what we are concerned. So better send termination atleast after speaking once to the particular employee. Freiends let me know if you do have any other ideas about the same.
Regards
Amith R.
7th May 2008 From India, Bangalore
Seema, In my opinion u should process his/her PF b’coz it can creat leagal complication. U can hold anyones salary but not the PF. Regards, Vaibhav
7th May 2008 From India, Aurangabad
Dear Kshama
IF the employee is not comming to office for three consecutive days we send a telegram stating to join back in three days. IF he/she is still not responds on 4th day issue a absconding letter send by Redg AD stating your services will be terminated in ... time if not reported back.
This way you are also giving the employee time to rectify his error.
Regards
Ajay
6th June 2009 From India, Pune
Hi just read the entire thing and i was wondering that is it important to use the word "TERMINATION"?
what i mean is that we have so many of such cases in our or so ganization and we generally label them as absconding..for a clause in our company's appointment letter says that "your services can be terminated by the employer....by giving a months salary in lieu thereof..."
so if i issue him such a letter, then is it legal?
11th June 2009 From India, New Delhi
Hello hr folks
If an employee abandons the services of the organization without any notice then do we have right to stop his or her PF.?
What action can we take to that employee who is demanding for his PF who has abandoned the services.Now he is saying that he has sent resignation but we dont have any document of that.
Please help!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thanks,
Kalidhasan Natarajan
9th December 2012 From India, Delhi
what about worker who leaves without intimations
17th November 2017 From India, Mumbai

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