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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?

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.

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.

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
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.

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.

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.

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.
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.
Jagdish Goswami

From India, Delhi
@[email protected] 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.
HR & Labour Law consultant

From India, Mumbai

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