Hi,
1. What is the maximum action we can take against an absconding new joiner?
2. Is there any way to sensitize others about the individual? For example, many HR personnel use Cite HR. Is there a provision to store details of absconding employees so that the next person can be aware before issuing an offer or engaging?
3. What needs to be considered before taking any legal action?
Thank you.
From India, Hyderabad
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21. What is the maximum action we can take against an absconding new joiner?
2. Is there any way to sensitize others about the individual? For example, many HR personnel use Cite HR. Is there a provision to store details of absconding employees so that the next person can be aware before issuing an offer or engaging?
3. What needs to be considered before taking any legal action?
Thank you.
From India, Hyderabad
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Dear Sudharani,
Replies to your questions are as below:
1. What is the maximum action we can take against an absconding new joinee?
Reply: - The maximum action could be termination from the services. However, it is recommended to conduct a domestic enquiry before termination.
2. Is there any way that others can be sensitized about the person? For example, almost all HR personnel use Cite HR. Is there any provision that details of an absconding employee are stored so that at least the next person can be aware before issuing an offer/engaging.
Reply: - It appears that you prefer building centralized records of employees who abscond. While recruiting, the recruiters may refer to this list to check if the employee had abandoned their duties in a previous employment. However, this approach is flawed. What if employers start including names of employees to settle scores with them? Secondly, if abandonment of employment is wrong, then on-the-spot dismissal is also illegal. How many employers have paid the price for their illegal acts? Hardly any. Lastly, many companies, especially SMEs, hire candidates who have abandoned their employment because they are unable to find other candidates. Therefore, they choose to ignore this misconduct and recruit. There is no need to build a repository of absconded employees as such. The failure of the candidate to provide an employment-cum-service certificate is enough to indicate abandonment of employment.
3. What needs to be considered before taking any legal action?
Reply: - You may file a suit for abandonment of employment. However, whether the case will stand legal scrutiny remains to be seen. Secondly, how many cases will you file? What would be the cost of getting justice?
Final Comments: - Abandonment of employment by a newly joined employee could be due to wrong recruitment. Therefore, start emphasizing on selecting the right candidate. Furthermore, recruitment may be correct, but what if the Manager or HOD behaves badly with the newly joined employee? This emotionally distraught employee will seek alternate employment. Many employees receive multiple job offers. If the alternate employment is available, why work under an abrasive manager? Another reason for abandonment of employment could be a mismatch in duties. Employers may say one thing in the job interview and assign different duties once the candidate joins. Candidates who cannot reconcile may quit without notice. Employees will not abandon their employment if the brand is attractive. Lastly, from an HR standpoint, employee engagement activities also matter. Abandonment of employment is a sign of mental disengagement of the employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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Replies to your questions are as below:
1. What is the maximum action we can take against an absconding new joinee?
Reply: - The maximum action could be termination from the services. However, it is recommended to conduct a domestic enquiry before termination.
2. Is there any way that others can be sensitized about the person? For example, almost all HR personnel use Cite HR. Is there any provision that details of an absconding employee are stored so that at least the next person can be aware before issuing an offer/engaging.
Reply: - It appears that you prefer building centralized records of employees who abscond. While recruiting, the recruiters may refer to this list to check if the employee had abandoned their duties in a previous employment. However, this approach is flawed. What if employers start including names of employees to settle scores with them? Secondly, if abandonment of employment is wrong, then on-the-spot dismissal is also illegal. How many employers have paid the price for their illegal acts? Hardly any. Lastly, many companies, especially SMEs, hire candidates who have abandoned their employment because they are unable to find other candidates. Therefore, they choose to ignore this misconduct and recruit. There is no need to build a repository of absconded employees as such. The failure of the candidate to provide an employment-cum-service certificate is enough to indicate abandonment of employment.
3. What needs to be considered before taking any legal action?
Reply: - You may file a suit for abandonment of employment. However, whether the case will stand legal scrutiny remains to be seen. Secondly, how many cases will you file? What would be the cost of getting justice?
Final Comments: - Abandonment of employment by a newly joined employee could be due to wrong recruitment. Therefore, start emphasizing on selecting the right candidate. Furthermore, recruitment may be correct, but what if the Manager or HOD behaves badly with the newly joined employee? This emotionally distraught employee will seek alternate employment. Many employees receive multiple job offers. If the alternate employment is available, why work under an abrasive manager? Another reason for abandonment of employment could be a mismatch in duties. Employers may say one thing in the job interview and assign different duties once the candidate joins. Candidates who cannot reconcile may quit without notice. Employees will not abandon their employment if the brand is attractive. Lastly, from an HR standpoint, employee engagement activities also matter. Abandonment of employment is a sign of mental disengagement of the employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Part I Employee Action Analyse.doc