How Should Employers Handle Long-Term Absenteeism? A Look at Loss of Lien Letters

Subject: Letter of Loss of Lien Issuance for Non-Reporting Employee

Dear [Employee's Name],

I am writing to inform you that due to your failure to report for duty for the past six months, we are issuing a Letter of Loss of Lien against you. This action is taken in accordance with the company's policies and procedures regarding absenteeism.

As an employee, it is your responsibility to fulfill your duties and responsibilities as outlined in your employment contract. Failure to do so not only affects your performance but also disrupts the smooth functioning of the organization.

We understand that there may be circumstances that have led to your prolonged absence. However, it is essential to communicate with your supervisor or the HR department regarding any issues that may be preventing you from reporting for duty.

Please be advised that continued non-reporting may result in further disciplinary actions, up to and including termination of your employment.

If you have any questions or concerns regarding this matter, please do not hesitate to contact me or the HR department.

Regards,

Vikram Singh
Email: vikramlamhe@gmail.com

Dear Vikram,

First of all, it is not the right process to issue the letter for the loss of lien right away without issuing any warning letter or chargesheet. You have to go through it systematically to avoid legal implications.

If an employee is absent from duty without any authorized leave:

1. He must be issued a warning letter sent to his mailing address by registered post asking him to report within 2 or three days of receiving the letter.

2. If there is no one to receive the letter or even after receiving the letter, he does not turn up within the stipulated time period, the letter regarding the loss of lien can be issued.

To,

This letter is to inform you that you are absent from duty without any information from [date] to [date]. Also, you didn't turn up for duty even after receiving a reminder dated [date] addressed to [recipient's name].

Your behavior shows your irresponsible attitude towards the job; henceforth, you have lost the lien on your job.

In this regard, you can collect your dues, if any, on any working day between 10:00 AM to 6:00 PM.

Dear Vikram,

You need to proceed carefully in the matter so that any action taken by you is found legally okay if challenged in court later on. I feel you should do the following:

1. Send a registered letter to the employee stating that he is absenting unauthorizedly w.e.f. ----- and since the work is suffering, he must report for duty by --------. Give 10 days' time. Send this letter under certificate of posting also.

2. If he doesn't report, then chargesheet him and ask for his explanation within 72 hours. Send the chargesheet by registered post.

3. Fix an inquiry in either case (reply with an explanation or no explanation) by giving a date. Send by a registered letter and also publish a notice of the inquiry in the local newspaper.

4. Hold the inquiry and take action. In all probability, it is going to be an ex-parte inquiry.