Dinesh Divekar
Business Mentor, Consultant And Trainer
Legal Analyst, Hrm
Adoni Suguresh
Sr.executive (per & Adm)
Cite Contribution
Community Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Asso.prof.(commerce & Management) Pg
Rajesh Kumar Dubey
Manager - Hr
Managing Director
+2 Others

I Have Came Across With A Situation Where We Selected One Candidate And he has joined the company. But he has not yet taken the appointment letter and has been absence to work from past 25 Days. He has taken the leave permission for 15 days and being informed via SMS that he is not feeling weell and extending the leaves. We have provided him Laptop and phone. We need to terminate him from the services legally. So, Can We Take Any Legal Actions Against That Candidate In This Case?
Experts Please Give Your Views.
28th December 2015 From India, Bangalore

You have offered him the Laptop and the cell phone , which means you had legally completed the induction process and the employee had wilfully signed in. Assuming that there is enough signing-off that had happened, please be prepared with those documents as proof to claim the equipments back.

Please act as early as possible. You have to send him three letters, first being the notification of him not reporting and consequences of it. Clearly mention the time within which he needs to respond, such 24 hours to 3 days.

If no intimation is received, please initiate the next level, notifying him that no intimation from him will lead to a temporary pause in his employment.

The third would be sent to him at the end of 21 days, notifying him that his employment would be terminated and if he doesn't handover the office equipment including the Laptop and the phone , an FIR would be lodged.

On the contrary , have you checked his conditions in person? Would anyone from your team or his team, check what is he going through? Please investigate well to ensure a just procedure with him. It shouldn't be the case that , he is going though real trouble and gets axed from his job too.

Wish you all the best !
28th December 2015 From India, Mumbai
Dear Swamy,
This is in addition to what (Cite Contribution) has said.
You have issued to the employee few company assets. Do you have proper records of the transfer of assets? This is something important.
Second thing is about procedural flaw in your company. Appointment letter is a contract between employer and employee. Your company has allotted assets to the employee even before the establishment of proper employer-employee relationship. What was the hurry to do that?
Third thing is about making personal visit to employee's home or last known address. Has anyone visited? Is he really sick or he has joined some other employment? If he has changed his address or joined somewhere else then it could pose huge problem to you.
Dinesh Divekar

28th December 2015 From India, Bangalore
Dear Friend
You should follow the below mentioned procedure :-
Issue Show Cause Notice and advice him to return back on duty without any delay.
Since the management has issued some assets and he taking plea to be sick , immediately
send / rush an admin personnel to check his status either temp address / or permanent address
If any thing objectionable check the references which he had made in resume or joining details, he will definitely come and join or submit company assets.
If yet not, be alert in future to issue such assets only after after completion of all relevant formalities even BG verification.
it is not necessary that all fishes are black in ponds.
29th December 2015 From India
I wonder to know that a candidate was allowed to join without delivery of appointment letter! Not only that he was issued with some of the assets of the company to keep in possession without completion of proper formalities of joining as an employee!! Still another strange thing is that he was sanctioned leave also for 15 days ar the very start of his service, when he would not have been entitled to that!!!
How and in what circumstances that was allowed to happen, can you please clarify. I am of the view that you have not provided the very essential bare facts of the case to help the members to arrive at some appropriate opinion.
29th December 2015 From India, Delhi
"" But he has not yet taken the appointment letter and has been absence to work from past 25 Days. ""
The first thing would have been on joining to take a copy of appointment order duly signed as accepting all terms and conditions.This has been overlooked.
What type of leave has he been granted?
15 days of paid/unpaid leave??
I do hope he has signed and received company property.
Now to terminate him you will have to follow full procedure of show cause notice,domestic enquiry etc.
Meantime ask him to return company property immediately.
What is evident is that proper HR procedures do not exist and if they exist have been overlooked.
This has caused a situation where your equipment has been handed over and employee has not been coming to office or intimating any problem which he might have been facing.
29th December 2015 From India, Pune
I think you are making out a case out of nothing. However answer is nothing can be done. Please look in to your own system and pose problems. Dr Aloke Chakravartty MD, Disha Education ltd
30th December 2015 From India, Raipur
Dear Members All of u have discussed the matter on above issue But what can we understand with response by honorable Mr AK Chakrvarti
30th December 2015 From India
Mr. Chakravartty seems to be 100% right. The querist has also not responded to my question. No response fro the querist, itself is a proof that he posted just a hypothetical query.
31st December 2015 From India, Delhi
Please give the background of the Case.
Without those information, prima-facie, it appears to be a case of neglegience by the HR deptt. in making undue haste without completing the essential formalities.
This might sound harsh, but Show-Cause Notice must also be issued to the HR concerned.
Those who would differ with this opinion, may kindly answer whether they would like to have such HR executives in their team ??
Warm regards.
31st December 2015 From India, Delhi
Dear Mr.Swamy,
It is surprise to note that without completion of the joining formalities of the employee how could give him cos assets and without accepting the appointment terms and conditions, on what basis you are treating him as employee? It is some thing unbelievable This needs to be clarified.
After so much gap I am seeing the opinions given by (Cite Contribution) in this forum. Our friends (Cite Contribution) and other contributing members are given their opinion well which I agree too.
Adoni Suguresh
Labour Laws Consultant
31st December 2015 From India, Bidar
Dear Swamy,

You have not mentioned whether you have done the Background check before an offer was made to him.

What is the document on which he was admitted on roll ?

Check whether in his Resume any references of prominent personalities were indicated. If yes use those ref. to track down him and find out whether reason given for leave is genuine. And what basis this sort of a long leave that too immediately after joining was granted, fix responsibility on them for dereliction. Is he still maintain/open his communication with the co. thru' the mobile provided by the co ?. It's likely it should have been switched of by now.

Did you obtain any service bond from him, most likely NO.

In the circumstances explained what you can do is to bar all incoming and outgoing calls of the co's mobile (if found necessary to avert misuse/abuse) and also lodge a police complaint. Presumably police may retort for lack of documentation such as apptt.letter and other communication with him, proof of co's assets left in his possession etc. Act fast to cut short thinking like this. Give update of what action you have initiated so far so that members will apply their mind on the next step possible & suggest.
1st January 2016 From India, Bangalore
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