Queries
Kindly, advice me the below query
One of our employee has gone on leave but as per sources we came to know that she has already joined job in other organization without any intimation to us.
So, my question is can we sent termination letter or do we have to follow the other procedure?
Anonymous

15th July 2017 From India, Siliguri

PARTICIPATING IN DISCUSSION:
Bharat Gera
Principal Hr Consultant
Shallohal
General Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Srinath Sai Ram
Hr Manager
Dmc123
Legal Consultancy
+2 Others

Please do not act on hearsay or rumors. these are things done by small companies who have no HR policies. Please wait for a communication from the employee and take appropriate action. If here is no communication even after a reasonable period of time, then take action for Unauthorized Absenteeism and proceed accordingly. Yes, you have to FOLLOW THE PROCEDURE instead of acting trigger-happy.
16th July 2017 From India, Delhi
Hi,
Sources can be made as reference only, should not be taken seriously but you can just keep a note. If there is a law in India that tells if for how many days an employee is absent, let's say 10 days continuous, HR can send a postal letter to that employee's permanent address asking him the reasons of not attending work. Always go for legal way. Termination letter is last resort.
Regards,
Shallohal
17th July 2017 From Bangladesh, Dhaka
Dear Anamika, wait for completion of sanctioned Leave.There after, if Employee remains Absent, send letter to Employee for report for duty.By issuing Termination letter without sufficient evidence, you are inviting trouble
17th July 2017 From India, New Delhi
Hi colleague,
As per legal position, any employee overstaying sanctioned leave for more than 10 days without intimation and/or sufficient reasons, is liable to be treated as having voluntarily abandoned the job. But before basing action on this, send her a letter stating her act of overstayal without intimation and sufficient reasons is in breach of service conditions and require her to report forthwith and explain reasons for overstayal failing which she would be treated as having voluntarily left the job.
If she has joined other company as per your info, she is unlikely to join and you can then letter having abandoned the by her and her name is struck off from rolls.
You may resort to action of .termination only if you have dependable documentary evidence.
Regards
V.L.Nagarkar
HR-Consultant
19th July 2017 From India, Mumbai
1. Do you have concrete evidence like name of the Company, date of joining, position etc.?

2. If yes, first speak to the HR there and understand their side of the story.

3. Decide, what do you want to do? You want the employee back or you want the employee to be sacked?

4. For how long the employee has worked with your company?

With Warm Regards

Bharat Gera
HR Consultant
20th July 2017 From India, Thane
Hi,

The bottom line is employee has not re joined after sanctioned lve. Whether she has joined some other company or is planning to join or has gone on a holiday abroad is not the subject of focus at this stage.

I agree with Mr Nagarkar. I will only add that if the employee falls in the workman category, a departmental enquiry is desirable before termination.

Anil Raina

HR & Admin
Interocean Shipping Group

Mob:9810180148
22nd July 2017 From India, Delhi
Hi,

Further, If the appointment letter clearly mentions that the employee will not take up any job with another company during the term of the employment with you & if you have sufficient documentary evidence to prove the same, you can file criminal complaint against her for "breach of trust".

Anil Raina
22nd July 2017 From India, Delhi
Dear Anon

You have to issue him a show cause notice if he was a permanent employee to his permanent and local address, also send an email asking him to show cause as to why disciplinary action should not be taken for his unauthorised absence if he is continuously absent for more than 10 days. Thereafter you have to conduct an enquiry by following proper procedure wherein give him opportunity to participate. Then after receiving EO report, you have to send him a copy and then dismiss him from the services.
22nd July 2017 From India, Pune
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