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sasi-kala4257474
If an employee is absent from duty for a longer duration of more than 3 weeks and has no response to calls, or emails. How do we initiate the termination process?
From India, Tiruchi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Agm - Hr&admin
Raghunath_bv
General Manager-hr & Admin
KK!HR
Management Consultancy
Mailrsr
Industrial Relations And Legal

KK!HR
1530

If your rules and regulations provide for loss of lein/presumption of abandonment then you can resort to that clause. Before that ensure that a couple of your notices for taking action under this clause reach the employee. Otherwise, issue a chargesheet and hold an inquiry into charges of unauthorised absence et al., and impose suitable punishment.
From India, Mumbai
vmlakshminarayanan
919

Hi

First of all try your level best to reach him over phone to find out the reason. In case the employee is not reachable despatch a warning letter through RPAD. Fix some time line to report which should be realistic. Wait RPAD acknowledgment. Then process for second warning letter. If the employee fails to respond even after 2 warning then you may proceed with termination. What is important is employee should be provided with opportunity to report back and you can't process termination directly as if you waited for the opportunity. In case if the RPAD letter bounces back file the same in the employee's personal file without opening it. Also RPAD acknowledgments.This is very important. Tomorrow if the employee challenges your termination this will be the important document during legal proceedings.

From India, Madras
mailrsr
11

Hi
Assuming that the absenting person is a workman, you can act as follows:
a) Send 2 - 3 letters advising him to report for duty immediately on receipt of the letter and this letter should be sent to his last known address by RPAD and also without prejudice to the rights of the Management to initiate appropriate disciplinary action against the absenting employee.
b) Scout for the absenting guy through friends and relatives or any other known persons to the best extent possible. Genuinely there could have been problem to that guy as well.
c) Still if not possible and the letters sent are returned to the company undelivered, then release a paper publication if required.
d) If the letters are delivered and still if he does not report for duty, someone from HR / Personnel department or from Union side can visit his house to find out the actual situation.
e) If you can contact him and speak to him, you can advice him to submit his resignation and relieve him from the services. If required, you can consider some ex-gratia amount in order to motivate him to submit his resignation.
f) If nothing above works out, then issue a show cause notice and initiate appropriate disciplinary action against the individual duly following the principles of natural justice.

On the other hand, if he is an executive, try to visit his house as early as possible and try to gather information from his friends / relatives to know the reasons and whereabouts of the executive. If he does not want to report for duty without any justifiable reason, advice him to submit his resignation and relieve him from the services. If he does not submit his resignation, then, left with no other option, terminate his services. However, if there is a genuine reason for his absence, please speak to the Management and extend his best support from the Management to combat the crisis situation and enable him to report for duty at the earliest possible.

Regards,

From India, Madras
raghunath_bv
149

Hi Sasi Lala,
Initiating the termination process for an employee who has been absent for an extended period without communication requires careful consideration and adherence to legal and company policies. Here are general steps you might consider:

Review Company Policies:
Ensure that you are familiar with your company's policies regarding absenteeism, communication, and termination procedures. This information is often outlined in the employee handbook.

Attempt to Contact the Employee:
Make multiple attempts to contact the employee through various means, such as phone calls, emails, and written communication. Document all attempts to reach out.

Check Emergency Contacts:
Reach out to the employee's listed emergency contacts to inquire about the employee's well-being and whereabouts.
Consult HR:

Contact your Human Resources (HR) department to discuss the situation. They can provide guidance on the appropriate steps to take and ensure that you are following company policies and legal requirements.

Send Written Notice:
Send a written notice to the employee, via certified mail if possible, outlining the concerns regarding their extended absence, lack of communication, and the potential consequences, including termination.

Document Everything:
Keep detailed records of all communication attempts, copies of written notices, and any responses received.

Legal Considerations:
Be aware of any legal requirements in your jurisdiction related to termination. Consult with legal counsel if necessary to ensure compliance with employment laws.
Hold a Meeting:

If the employee does respond or return, schedule a meeting to discuss the reasons for their absence. Document the meeting and, if applicable, discuss any potential accommodations or solutions.

Follow Company Procedures:
Follow your company's specific termination procedures, which may include a termination meeting, finalizing paperwork, and communicating the termination to relevant parties.

Notify Relevant Departments:
Inform HR, payroll, IT, and other relevant departments of the termination to ensure a smooth transition.

The specific steps may vary based on company policies, labour laws, and the individual circumstances of the situation. It's crucial to consult with HR and, if necessary, legal counsel to ensure that the termination process is handled appropriately and legally.

Thanks

From India, Bangalore
PRABHAT RANJAN MOHANTY
581

You need to go by the clauses in the appointment letter of the employee.
The simplest mode to terminate by giving notice pay, if remained a clause. You need to follow the clause and conditions of the standing order for long and absconding employees.
Send a letter to the employee in his local & permanent address and send the copy of letter by a office messenger mentioning the clause to Join within 7days Or otherwise shall be considered abandonment of service on own wish.

From India, Mumbai
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