As passport is property of the employee as per Indian Embassy, we cannot demand/ warn him to return the passport. So you may inform his Operations Manager/ Project Manager to convince him to return the passport, otherwise his salary will be stopped or will be terminated.
My staff belongs to filipino he had gone for 2months vacation and he had not return back the passport to the hrd after his vacation..after 05days HR had asked for the passport then he had given so for that we need to give him verbal warning letter.so i need the format .
Verbal warning means unwritten/oral or spoken warning. So he can be warned as that if he repeat this again, he will be terminated and
repatriated or that many days (days failed to return the passport) will be treated as absent and will not be paid the salary for those days. Your can put this notice at passport section and instruct the employees to read that message, while they receive the passport.
I'm holding 12000 employees of our group along with HR formalities. In respect of the above in our company we use a form- Notification of Return from Vacation. After return from vacation they should submit this form alongwith passport. Upn receiving the form and the passport, passport controller varify the arrival stamp ticks on Passport received and signs. After Project Manager and Operations Manager Signature, the form will be forwarded to Payroll to start salary. So that the risk can be reduced.
Even we do have the format once any body come from the vacation should fill the resumption form and passport to be given.But my staff had not done this procedure that is what i want him to give written verbal warning letter.
First arrange to make the formal enquiry about this. If he did the willfull default to submit the passport, then you can raise the warning.But, before raise the warning, you should declare to all workers as a procedure/terms that about this,like ( return of passport along with required document to HRD is the standing order of the company). Eventhough, The Govt. rule is against to this, company have the rights to maintain the standing orders/ governing rules to rule itself. By adopting the official procedures only will eliminate like this problem.( Collectiong the Workers ID card, Secrutiy Pass before gave the Passport and retrun the same after regain the Passport.
If , all were already Practised in yourcompany now, you can raise the warning to your HR staff only, to ask about his default ( Non Clllection passport from the vacation retrun candiadte)
I don't know what ur company policy is saying, but I don't think you can insist on your employee submitting a passport. On return from sick leave, yes than you can request a medical certificate. If he have a submitted a valid leave form saying that he want to go on vacation and he is having the days available, then yes, he was on leave.
You cannot claim the Passport of an employee as a right because it is his personal property. That is the only proof he holds while staying in any country to produce to the Police or any other authorities. If a foreigner caught without passport, then he can be arrested.
You can obtain the copy of passport for submission of the details of foreigners engaged by your company, to get registered in the Police Commissionerate of your District.
What you write cannot be verbal . Under which company law do you/your company thinks that they could ask an employee to give you his/her passport? Do you demand as the passport authority? This is an government document given to an individual and by no means it is the property of any company in this universe. You might ask for the photocopy but cannot insist to give you the passport. Just try it asking/insisting an employee to submit his passport to the company in a company letterhead duly signed by the authority and see what action can be taken.
Please be informed keeping somebodies Passport in your position is a very serious offense. This comes under the scope of forced labour. Being HR it is your responsibility to make aware the Management about the well being of the organization. Do not even think about warning him for not surrendering his passport to you. This offense will i am 100 percent sure can open a pandora box upon the Management. Even some Director or Manager or all may land in Jail for it as the same is also punishable under Indian Penal Code..
Replies to the effect that verbal warning can not be given in writing are absolutely right.
Verbal warnings are given for a lapse which is not serious enough to be recoreded/call for major or minor penalty and placed in personal file but can be ignored.
Verbal warning is given by calling the person concerned and informing him of the lapse and to caution that repetition of lapse will attract minor or major penalty.
The fact that person has been given verbal warning is recorded in a register and the employee who has been warned and the person who has given warning sign the register.
Different organisations follow different procedure but to my knowledge the gist remains same.
I presume that what you intend is a warning memo in writing. This can begin and end in the following manner:
You had proceeded on leave from .... & ..... for trip outside the country. On your return and reporting back for duty, immediately you were required to submit back the passport dully as per the company's policy. You had failed to do so. You had returned it back only after 6 days after you were reminded about it by the HR department.
You are hereby advised to avoid such recurrences in future and comply with the rules and regualtions of the company.
Signed (By the Concerned authority)
Hope this draft meets your requirements.
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I presume that it is warning letter that you intend to serve on him. This can be in the following format:
You were sanctioned leave from … to ….. On reporting back for duty as per the company’s policy, you were to return your passport to the HR department, which you had failed to do so. Only after you were reminded, you had retuned your passport after 6 days.
You are hereby advised to avoid such recurrences in future and to comply with the company’s rules and regulations.
Singed (By concerned authority)’
Hope this helps.
I am not aware of the law of land from where this query has come from. I presume that their law permits it.
I have only provided the draft of the memo and it is expected that the person on the other side would issue such a letter after applying his mind.
To the best of my knowledge, no law in any contry requires one to deposit passport with employer.
This is done just to have hold over the employee from taking up job with some one else or leave job and return home before contract period is over.
Technically this is illlegal but is prevelant in a number of countries.
I think the query is from Saudi Arabia (ISD Code +971). Eventhough there is a rule that passports of the employees should not be held by the employer, but the is rule is seldom enforced. It is a common practice is almost all the companies (inculding some very famous MNC's!!) to hold the employee's passports.
The solution for getting the passport back, is to hold the salary. This will bring the employee in line with your company policies.