Labour Law & Hr Consultant
Management Consultancy
Head - Human Resources
Insolvency N Gst Professional
Nagarkar Vinayak L
Labour Consultant
Vidyadhar Bhat
Consultancy In Pf

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One of our employees has met with an accident one month ago.He asked for 15 days leave.We have approved that but till now he has not joined & even he is not responding to our calls ,mails.Last week ,we have send an absconding letter to him at his permanent residence but no response .Please confirm what will be next step.
Frame charges of unauthorised absence and initiate disciplinary action.
Since the employee met with accident, will it not be premature to take action for termination as the employee is not responding to your attempts to contact him. From the nature of accident and the place of accident, you may try to empathise with his situation and can allow a little more long rope.
Presuming that you have a clause providing for termination of lien in case of voluntary abandonment, but you have to comply with minimum principles of natural justice before striking off the name from the rolls of the company. For this you have to serve him notice informing that you are on unauthorised absence since --/--/-- and calling on him to resume duty within three days of receipt of the notice, failing which it will be presumed that you have abandoned the job in the company, and accordingly action as per clause no. -- of ......... would be taken against you. Send this communication to all his known address by registered a/d. Pl wait for the acknowledgement to return as having received or refused. Then, in case he doesn't turn up you can go ahead with the presumptive clause and take action to strike off the name.
But if there no such valid clause in the service condition, you shall adopt the disciplinary action suggested by learned Umakanthan Sir.

How do you know he had met with an accident? Is it as per his statement? then it is false. He might have got better opportunity elsewhere and wants to quit without any notice. Regards, Suresh
You sent (Permanent, present & mail) another communication with charges and advised him to join within stipulated time or otherwise action deem fit shall be initiated without further intimation. If you are framing charges then follow the clause under SO or your company policy.
Dear colleague,
Since he is absconding/ non-communicative after accident, first ascertain from reliable sources that he is alive and kicking.
Then resort to action of voluntary abandonment after communicating him in writing to report for duty within 3 days from receipt and if he fails, strike out his name from the muster.
Remember that legal position on voluntary abandonment is that it is not a matter of inference but has to be proved in the enquiry.
You can still take a chance, and if it goes unchallenged, well and good , otherwise will have to hold the enquiry and follow the due process.
Vinayak Nagarkar,

Start an enquiry process
Inform emploee in writin g about the enquiry
Send an employee to his local address to meet him and find out factual position
Give opportunities to ememployee to defend his position and finalise Enquiry as quickly as consistent with natural justice
Pvt companies cannot keep indefinitely waiting for employee to come back

Now the facility available to find out the new employment as per his UAN. Through UAN you can see linked with another establishment. Thanks, Vidyadhar Bhat
I would second KKHR in his views, send him a letter stating that he is in unauthorized leave of absence since _____ and as well how did you conclude that he really met with an accident? Is that just a reason stated by the employee? Use register post to get the accepted/denied receipt. Post that you shall take a call accordingly. Hope he doesn't possess company belongings with him.
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