Psdhingra
Legal Analyst, Hrm
Ravind7@gmail.com
Terminal Chargehand Cum Loading Master
+5 Others

Thread Started by #swatisri@123

Hi All,
Firstly, I would like to express my sincere thanks to all the members who is sharing their valuable thoughts, insights on this forum and can help each other in a productive way.
Query : There is a employee who joined in March this year only. He is having experience of around 3 Years.
He is not reporting to office from past 15 days.When I called him he said, he is on sick leave thats why he need to take rest. But after that, when I again called him, he is not answering any call from Office numbers. I have dropped him a mail bt haven't received any revert from his side.He is answering calls from other numbers. Some of colleague is saying, he has joined some other company. We have no issue if he has joined somewhere else. But atleast, he should informed us. So that if there is dependency, we can take action accordingly.
Kindly suggest me your valuable feedback regarding this. What should we do in such cases?
21st September 2015 From India, Delhi
Dear swati,
1. He has not made any attempt to report he is sick.
2. He has not submitted his sick leave.
3. He is not answering calls from the company phone no.
1.What you could do is pay him a visit at his home because 15 days sick leave can be chronic. You will know if he is really sick. Or
2. Send him a registered / courier letter asking to explain why he has reported to work for the psdt 15 days and give him a time limit by when he has to reply your letter.
If still no answer from him than you can initiate diciplinary action against him as per the labour law.
Lets wait for opinions from other senior members.
21st September 2015 From Malaysia, Kuala Lumpur
""2. Send him a registered / courier letter asking to explain why he has reported to work for the psdt 15 days and give him a time limit by when he has to reply your letter. ""
Ideal course of action.
Ask him to produce medical evidence regarding illness which can be verified.
In case of no reply conduct an domestic enquiry and terminate him after following principles of natural justice.
Meanwhile check out what are his dues to/from the company,company property held by him-laptop,mobile,ipad etc.
Cross check on his pending official work also,with direct supervisor,subordinates etc.
Keep work ready for his removal/termination from company.
21st September 2015 From India, Pune
Agree with Mr. Nathrao, send him a registered letter asking him to report to duty on or before (Specify Date) or reply with evidence. If the employee is not reporting send him a letter of absconding and treat him as absconder and do FNF
21st September 2015 From India, Ahmadabad
I don't think the leave rules of your organisation allows an employee to avail leave at his own discretion without prior approval of the competent authority. You may better treat him absconded from duty by unauthorised absence and start disciplinary action against him.
So, you may send formal how cause notice to him as to why he should not be treated as absconded from duty and the period of absence be treated as unauthorised absence, as a misconduct on his part, if he fails to join duty by certain fixed date. a formal reminder also be issued to him showing ex-parte action to be be taken against him if still fails to join by another fixed date.
21st September 2015 From India, Delhi
""You may better treat him absconded from duty by unauthorised absence and start disciplinary action against him.""
Suppose the person had really fallen sick and was under treatment.
I feel that it would be better initially to ask for proof of illness and documents of treatment for the claimed illness.
Subsequently show cause/domestic enquiry etc can be considered.
21st September 2015 From India, Pune
Seniors, is there a clause for self termination.
An employee absents himself from work without giving any reasons, making an attempt to inform his employer of his absence for more than 2 days has self terminated his contract of employment.
21st September 2015 From Malaysia, Kuala Lumpur
There is no term of self termination. Termination of service is either by notice and formal order of termination by the employer, or by submission of resignation notice by the employee, getting that approved by the employer and formally relieved from his post by the competent authority. So, an employee cannot terminate himself at his own volition.
22nd September 2015 From India, Delhi
Dear Swati,
If any employee is not coming from 15 days without prior information & not giving any response that means they are not interested in your org..You must be sent to him show cause notice in three time(after gaping of 3 days)if no reply coming from his side than prepare warning letter after that termination letter.
if any query feel free to contact me.
Thanks
Jagdish Goswami
+91-9675583373
22nd September 2015 From India, Delhi
@ravind7@gmail.com.There is no term called self termination that too for a short absence of two days as the learned member said but you can use the word 'voluntary abandonment' to term an absence without intimation and without nay reason for a longer period say absence exceeding eight or ten days.
B.Saikumar
HR & Labour Law consultant

22nd September 2015 From India, Mumbai
Hi All,
We also got similar type of case, where in employee has not full fill the terms of appointment and without giving required notice, stop coming to work. We have sent him letters to his residence, but the letters are returning back to us stating "Refuse to Accept". There is a recovery from the employee.
Next what action can be initiated in this case.
Regards,
Darshana
23rd September 2015 From India, Mumbai
Is there any format to abscond a employee if u have means please forward to me i am searching for formats
23rd September 2015 From India, Karur
""There is a recovery from the employee.
Next what action can be initiated in this case.""
What is the recovery about?
Some money due or some company property like laptop etc not returned??
You can email and send SMS to him about o/s items and if not returned by-------(date) tell him FIR will be lodged.
23rd September 2015 From India, Pune
Dear Nathrao,
There is a recovery from employee, he is not holding any assets of the company.
since he not accepting the letters which have been sent by registered AD, what next action can be taken ?
Regards,
Darshana
30th September 2015 From India, Mumbai
Filing a ciivl suit should be considered.
Not accepting registered letters will not help him,when matter goes to court.
What is the nature of recovery and amount involved?
Further steps to terminate the employee can be initiated side by side.
30th September 2015 From India, Pune
Dear Darshana,
Not accepting any letter from the management does not exempt him from his job related liability or respponsibility towards his employer. Keep the letter with remarks of the postman/ courier boy intact without opening as aproof against him. If sent personally through any employee of your company, ask him to write his duly signed remarks about refusal of the employee to accept the letter. Now, first of all paste a copy of the same letter/notice at the door of his residence and get a photograph of the pasted letter. If still he fails to respond, tackle him legally, issues a legal notice at his last known residential address. If still he fails to respond, file a summary suit in the court of law for recovery from the employee.
1st October 2015 From India, Delhi
""Now, first of all paste a copy of the same letter/notice at the door of his residence and get a photograph of the pasted letter. ""
Can a private company employee legally paste the letter or notice on the door of the private residence of an employee?
I know of cases when such action was being tried out,reaction from opponent party was violent and was accused of trespass.
1st October 2015 From India, Pune
If the amount of recovery is substantial, then it would be advisable to file a suit against the employee, if it is meager amount then ask your employer to waive off/write off, as per my view
1st October 2015 From India, Ahmadabad
Dear All,
Thanks for your feedback and advise. The receovery amount is there but that is one part, if company do not take any action then there will not be a fear/discipline in the mind of others and others may also show the similar attitude.
Ultimately i have to take a legal action against this employee, since receovery amount is high.
Regards,
Darshana
1st October 2015 From India, Mumbai
Dear Darshana,
If your company has not yet framed rules on employees conduct and discipline, you must get them framed for the awareness of the employees and appropriate action against the indisciplined employees.
2nd October 2015 From India, Delhi
Before initiating the Legal course, please discuss with the employer and get their approval. Secondly formulate all rules/policy for the company and get the acknowledgement of all the employees.
3rd October 2015 From India, Ahmadabad
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