Dear Seniors,
since April 2015 one of our labour not attending the work. He agreed orally that he will resign his job. till date he has not submitted his resignation letter to the company. So that we sent an warning notice to his home address by registered post. But since the employee shifted his house some other place, the letter came back to us. So can we consider the returned letter as record to leave him from the service with our Company. Or else if we want to do any further progress on this? Kindly clarify me please.. Regards Renu

From India, Coimbatore

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nathrao
3100

Put up a notice on company notice board about his prolonged absence(if permitted by your standing orders).
If possible check his current address through bank a/c where pay was being deposited earlier.
Copy of returned registered letter with post office remarks can be kept on record.
After that you can terminate the employee.

From India, Pune
Dear Renu,

While any employee remains absconding for long period of time, the case should be closed by issuing Show Cause Notice with 48-72 hours of time frame. The notice should be sent through email as well as registered post. In this case if you don't get satisfactory replay or no reply within the time frame, after receiving the notice, then the employment stands terminated automatically as per the clause that needs to be mentioned in the notice.

Now coming to your query.....do you have any proof of the permanent address the employee submitted at the time of joining. If yes then, then the letter sent to that address would be taken as delivered even though employee changed his address. And you can take action as per the warning letter. But remember to send notice/warning letter through mail also because in case you fail to get the letter delivered at home address, at least letter delivered through mail will help u to take action immediately.

In case, if you don't have any permanent address proof of the employee and you just sent the letter at the address which is mentioned in your database, then in this case the case can't be closed . So get rid of all these you may collect his mail ID and send him show cause Notice as mentioned above and close the case in 48hrs.

Please note definition of absconding and taking action against it should be as per standing orders of your company.

From India, Delhi
Dear Mr Roy,
Thanks for the clarification,
We do have the permanent address of the Labour. I had sent the warning notice to that address only. But he changed his house to some other place. he doesn't have a email address as he is illiterate. He is not attending his mobile as well. So as per your suggestion i think we can close his file with the returned letter with cover from post office. Kind regards Renu

From India, Coimbatore
Termination without conducting enquiry will result in employee getting reinstated with back wages. So please follow steps. 1. Send show cause Notice through RPAD/Speed Post so that you can Track. For double safety send a person preferably Security Guard to ensure workman not there. Get a deposition. 2. Since No reply is received and letter has been received back send again a Enquiry Notice. 3. Let this also get undelivered. 4. Conduct enquiry and in first day proceedings mark all details and adjourn for 10 days 5. Send copy by post Let it RETURN UNDELIVERED. 6. Start enquiry as per the second date , record his absence and adjourn it for another 10 days. Send the proceedings and record that the next hearing will be exparte. Let it Return UNDELIVERED. 7. Now record all details and send the Enquiry Report and second show cause Notice before Teminating. Give 10 days time. Then send Order of Termination.
You will be appreciated even if that person goes to APEX

From India, Chennai
Dear,
If you have permanent address proof like voter ID card or ration card or govt bank account etc etc then the letter sent by you would be considered as sent at valid address and in this case for safety you may follow as suggested by Mr. Naathrao or you may publish a notice in the local newspaper and newspaper of his area or you may send a letter of information to the Gaon Panchayat Head of his village and can close the matter in 2-3days time.
However if u don't have any of those documents as permanent address proof, then at point of time it can be proved that you sent the letter at wrong address intentionally to close the matter. In this case , you may go with newspaper and gaon Panchayat options.

From India, Delhi
Hi Renu, I am not fully agree with Mr.HR ROY. Because however you have sent the warning letter to the address given by the employee in your Nomination/Joining forms only. also you have issued him/her appointment letter with the same address. So, you may close this case as Long Term LOP without intimation. There is a provision may available in your Appointment Letter which may stating this. You may lodge a complaint in nearest police station if required (if any handing over issue with him/her relevant to documents/settlement/cash relevant). Hope this will be suitable for your query.
From India, Gurgaon
nathrao
3100

The matter is being made complicated.
it is a simple case of employee absconding without intimation to employer.
And such absconding cases are plenty.
Employer needs to give notice to registered address(Home town/village) and local address by registered post so as to get proof of delivery or remarks of post man about non availability of addressee on record.The cover containing the letter not delivered with postman remark to be kept on file unopened
Send at least one more letter to same address after a gap of say 7 days and keep it on record.
One needs to follow what is written in standing orders.
Send SMS to recorded mobile number and save the SMS.
Ad in local newspaper can be considered.
One needs to see what is written in standing orders.
Also as a proactive measure add a clause regarding termination in case of unauthorised absence.
Finally if no reply then send a cheque of FNF after adjusting all dues be sent.If that comes back undelivered preserve that record also.

From India, Pune
Dear Suman,

I take a little liberty to add one sentence in the matter of Mr.Pasupathieswaran, opinion. To notify his unauthorized absence in the local news papers and direct him to join immediately failing which disciplinary action will be initiated. If he fail to return to duty, within stipulated time, again you publish a Enquiry notice for disciplinary action fixing the venue, date and time. This is in lieu of the notices sent by you is returned undelivered. One more thing to add here that, your employee must have given his permanent address for communication. Any letters/notices sent by the employer on the address is given by him shall be deemed as served. If returned back, pl preserve it as record to produce as evidence in enquiry.

In the interest of principle of natural justice, the law does not permit to terminate any employee whatever may be the violation of his employment rules or applicable standing orders until and unless we complete the Domestic Enquiry process and prove the charges leveled against him, by giving an opportunity to defend him.. The other things are well explained by our learned members and no need to repeat.

Adoni Suguresh

Labour Laws Consultant

From India, Bidar

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