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Anonymous
Hi !

One of the employees in my organisation has not been reporting for more than 2 months now saying that she has certain health reasons.

Prior to that as well she had not been reporting regularly.

Her offer letter mentions a 2 month notice period from both sides.

Our team was very busy with an event in March and hence we were not able to speak to her properly nor issue any warning or take further steps.

Now the Company Managenent has taken the decision to terminate her Services as there were no formal updates from her end. But before issuing any notice, as the HR, we spoke to her and she now said she wants to resume work.

What should we do in this case as the management is very clear that they don't want to continue with her?

I would love to understand if any of you all have faced a similar issue and/or advice on how to work around this matter

From India, Mumbai
Madhu.T.K
4194

The fault is with you only. Whatever be the situation in the office, you should not have ignored an employee not coming to work. What your HR person was doing all these days? If the employee has not reported, it should be the HR person who should initiate to enquire in to it. It could be for genuine reasons that she absented herself. It is not necessary that the employee should take initiate to inform her absence. If she had not informed the leave, the same is only a minor misconduct, but major negligence has been from your HR person's side.

Now, if she is willing to resume work, she should be allowed to come to office. The maximum that you can do is to issue a show cause notice and ask her to explain why action including termination from service should not be initiated against her for her absence. If she could establish that she was in such a position that she could not communicate her leave what action can you take? Suppose if she says that when she was facing health issues, why the HR did not visit her? Is this the way in which an HR should do when an employee is not keeping well?

I would say that you can issue charge sheet to the employee as well the HR persons in charge. On the part of the HR person there is clear dereliction of duty. First let him face the enquiry, then take a call against the employee.

The remedy available is to give warning letter stating that this is the last warning and in future, this kind of attitude will not be tolerated. Give her one chance and see if she improves. If her absence was genuine, she would correct herself, and if not genuine, she will repeat it again. At that point of time, on the basis of precedence you can terminate her. Without giving per an opportunity, it will be unfair to terminate her now.

From India, Kannur
tahseenraza
28

I would like to say that, She must notify to HR or her line manager by email or by call and as said by Madhu sir that HR representative fault is bigger than her to not giving her call or inquire into it.
if her attendance was coming absent then at least end of month or on receiving absent report from timekeeper, the HR person should initiate action and provide warning letter as per following SOP of company. before initiate termination, check with her line manager is he satisfied with her previous work track record and what was her performance? is this only sudden leave? and then try to analyze and give feedback by knowing that this mistakes was from both side, because she liable to get warning letter with deductions upon her absence then she would have in position to reply back. therefore, keep these all in mind and bear with her as it would be unfair to terminate her on immediate basis. having said by Madhu sir, she deserves a second chance via her forthcoming performance and punctuality if her track record / punctuality being poor in coming days then initiate termination. thanks.

From India, Noida
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