P Neha
10

Hi,
I am working as an HR in a start up company and there are few employees who have absconded from the services stating that they are no well met with an accident and they took their salary also.
Now, i need to send them a letter stating to report to duty immediately or else we will take legal action.
I will be grateful to you if you can draft a letter for me on the same.
Thanks,
Neha

From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Boss2966
Industrial Relations
Rkn61
Hr Manager
Korgaonkar K A
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Nisha Malhotra
Professional
P Neha
Hr Executive
Krani805@gmail.com
Sr. Executive

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Sharmila Das
990

Dear Ms. Neha,
Please find the below letter for your immediate perusal and help yourself to vary according to your requirement.
Date: ____________
To
Mr.
Designation:.
Sub. – Warning Letter
Mr. ______,
It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation. Unattending from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.
You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.
You are further advised to submit a written explanation on your unauthorized leave upon receipt of this letter or resume duties at the earliest.
Kindly treat this as urgent.
For Company Name
Name:
Authorized Signatory,

From India, Visakhapatnam
boss2966
1165

Dear Sharmila
The Organisation cannot warn the employee without doing any investigation, findings and recommendations by the Management regarding the absconding case. First of all we must issue a letter to the employee to resume the duties without any delay. If he is not reporting within the reasonable time period, then you can proceed with administrative action / Disciplinary Action / legal action against the absconding employees.

From India, Kumbakonam
Sharmila Das
990

Dear Mr. Bhaskar,
If you see my reply to Ms. Neha, it is a draft and she is advised to change the format as desired with proir consent from the employer (The letter has two way précis). However, I haven't raised any question so far to Ms. Neha regarding the factuals. Therefore it is upto the management on what context they would like to deploy the candidate. Let me know if you have any further apprehension on the same.

From India, Visakhapatnam
P Neha
10

Hi Bhaskar and Sharmila,
Thanks for your reply.
I want to clear my question, one of our employees took 2 days leave and went to his home town after 3 days he called and said that he met with an accident and doctor asked him to take bed rest for 20 days.. we asked him to submit doctor's certificate but he didn't submit and its more than one month and he still dint join office and now he is not responding to our calls.
So i need to send letter to his house.
Kindly let me know what to send
Thanks,
Neha

From India, Bangalore
nisha malhotra
13

Hi The Format of Warning Letter is attached here Nisha
From India, New Delhi

Attached Files (Download Requires Membership)
File Type: doc Warning Letter.doc (26.5 KB, 1501 views)

krani805@gmail.com
8

Yes, we cannot initiate legal action in the first place. One should commence investigation whether the case is genuine or not. Employer has to ask him to report office in the first place. In spite of that if he did not respond then you can take legal action.
Regards,
Kranthi

From United States, Cambridge
skjohri1
84

Dear Neha,

In view of the facts brought out by you the question of taking a legal action or issue of a warning will not be purposeful without giving him an opportunity to explain his position. Further, the warning will not be effective once the employee is not responding to your calls. Accordingly, I suggest to please write a letter to the employee as under:

Name, father's name, address (of the employee)

(letter to be sent on his present and permanent address per regd post-a copy to be paced on the Notice Board)

You proceeded on two days' leave on -------dates and thereafter informed us (orally or what-pl specify) of having met with an accident and sought extension for which you have not sent a formal application, supported by medical certificate from the doctor concerned(to be atleast a Regd. Medical Officer) despite being required to do so by us time and again.

We will like to inform you that taking leave without prior approval/ permission of the competent authority ( as in your case) falls in the category of the misconduct as per the extant rules of the company as such, besides non payment of salary for the period under reference the management shall be well within the rights to take further action as per the rules of the company as may be applicable in your case.

In view of the above you are hereby directed to report for duty within ------------days(insert suitable number considering the distance involved) of the receipt of this letter. In case you fail to report for duty or submit a substantive proof with regard to your absence, the management will be obliged to take such action against you as it deems fit.

(---------------)

cc. department concerned

From India, Delhi
boss2966
1165

Dear Neha

Hope your query is sorted out. You might have sent a Regd letter to the Absentee (in Present and Permanent address with a copy in the Notice Board, so that his colleagues can pass the information to him over phone) stating that on receipt of this letter he must resume his duties by _______ (date). If he is not responding then send another letter after the due date is over, stating that he has not responded to the previous mail. Please send the Medical Certificate/Undergoing Treatment Certificate from a registered Medical Practitioner and on Discharge or on completion of Medical Treatment he must join with Fitness Certificate. For this also you can give some time period to respond.

Further he is not responding then you can send one more letter stating that why the company cannot initiate any Administrative / Disciplinary / Legal Action against him for his Unauthorised Absentism.

If you have any further query, do not hesitate to seek guidance from our members.

Wish you all the best

From India, Kumbakonam
korgaonkar k a
2552

Neha ji,
I fully agree with skjohri1 and Bhaskar ji.
You need to take disciplinary action against the absconding employee by issuing chargsheet and conducting domestic enquiry.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from

From India, Mumbai

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