How Should We Handle Absconding Employees Asking for Relieving Letters?

Dear Cite HR members,

Greetings to All!! :-)

I work with the HR Team of a Software Development Organization stationed in Delhi.

This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.

Initially, we did not have a process to handle these situations, and I am currently working on the same. We have drafted a series of letters as soon as an employee is absent without information. These letters include 1. A general letter inquiring about the reason for absence, followed by 2. Show-cause notice, 3. Warning letter, and finally a 4. Termination letter. So far so good.

But there have been cases in the past (last several years) where employees have absconded, and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.

Those cases now can't be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for a certain time... so rather a letter saying that we assume that you have voluntarily abandoned your services, etc., and please settle your dues... :?

Please advise.

Looking forward to your responses as it is very important and urgent for me.

Thanks in advance!! :)

Warm Regards,

Ag

Hi Ag,

You can still send those series of unauthorized absence letters. You can't terminate the absconding employees without giving them an opportunity to defend themselves. So go ahead with all those warning letters, and in case you don't receive any response from their side, do take action to terminate them.

Amit Goyal

Dear Friend,

I would suggest that once the person has absconded from his services, there is no point in issuing him a relieving letter because it was his decision. Another point to consider is that they may be ready to clear the dues because they already have a good offer in their hand. However, do you think the purpose of the company is solely to collect the notice period amount? What do they think the company is for?

From your side, consider seeking a second opinion from the person who was his or her lead. Sometimes, it happens that we HRs strictly follow procedures, but other accountable persons may show leniency. Make sure to verify if the reason for absconding is genuine or acceptable before taking further action.

I hope you received the intended message.

Regards,
Srilatha

Dear Amit,

Good evening!

Thank you for the quick response. I appreciate the fact that we are not legally allowed to terminate an employee without giving them enough chance to defend themselves. However, in the case where an employee has not shown up for the last 3 years, we cannot ask them to provide a reason for their absence. The letters we send would also state, "you are given 15 days to report to duty... else you are liable to etc., etc." What if the employee actually agrees to rejoin?

Our intention is to put an end to such cases so that they do not hound us in the future. Can you please suggest an easier option?

Thanks again!

Warm regards,
Ag

Hi AG,

This is a very critical issue nowadays in most of the companies. They will abscond without informing their previous employers. And once everything cools down, they will come with reasons such as personal problems and ask for relieving letters and experience letters. Even if they are genuinely facing personal problems, it is acceptable. However, if they cite personal problems, they might think they can avoid the issue. It's essential to find out the actual reasons behind the employee's actions. Send warnings, and once you receive a response from the employee, you can proceed further. Necessary actions should be taken regarding this, or else it will increase tremendously.

In this case, employee verification should be conducted before hiring them.

Regards,
harini

Dear Srilatha,

Thanks for your contribution!! :) I truly agree when you say that the company is not there to issue a relieving letter just when the employee pays for the notice period. This is also not what we are looking at. We want to have a composite letter format because of which we are able to say that we have issued the person a relieving letter and asked him also that the case has been closed...probably one smart and simple format. As far as the consultation with their respective lead goes, sounds good. But then there would be only a few select cases who would be very good performers...so good that the company is wanting to rehire them after they have been declared "absconding". I am looking at the rest of the (and majority cases) for which we would like not to grant the favor of issuing a relieving letter. :roll: Can you help me for those cases please?...

Thanks With Regards, Ag

Hi,

I don't see anything prospective in hiring back someone who absconded; this will set a bad example for others. What justification can you give for someone who is willing to do things in a proper manner?

You can't take any legal action against these people; all you can do is make them walk or wait to receive the relieving order. The rest will only spoil your reputation in the industry, and you will face difficulties while hiring someone.

Please do not encourage the employment of people who have absconded, regardless of the reasons. If they don't respond within a short period, it's best to move on.

Regards,
Vijayakumar

Hi Friend
I will say that not to issuing the relieving letter them, we can issue in certain cases like saying having some legal issue or which he or she can show the proofs. To avoid the Absconding we can clearly mention in the Appointment letter. It can be stated “I you are taking the leave continuously 10 day, with out informing to the management. Then the Management will decide that you are Abscond, and if you are updated with the 30 day's they automatically the management will terminate you and the management will not issue the relieving letter you.”
Regards
Lavanya

Hi Amit Goyal,

To avoid such situations in the future, you just need to add a clause in the appointment letter stating:

"In case you are absent from duty continuously for __ days or more, you shall be deemed to have voluntarily left and relinquished the service, and such relinquishment shall be considered a repudiation of the employment contract by you, not a termination of services by the Management. In such circumstances, the Management will have the discretion to adjust the salary against the notice period for such abandonment."

Hope this meets your requirements.

Best regards

Hi Ag..

For such Absconding cases, you may first issue them a warning letter to join their duties within 48 hours of receiving the letter.. and give an explanation regarding your unauthorised absence..

If they don't resume their duties even after that, do send another letter to them.. stating clearly that this is the last chance for you to resume..

And after that send them a termination letter...

Now you will be legally strong to show the reason behind the termination..

And one more point to remember, always send such letters through General Registry, so that you could have one proof in your hand of sending the same..

For further help find below one of format of the same..

Warning Letter in case of absence without information

____ July 2007

To

Mr.

Designation

Sub. – Warning Letter

Mr.

It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation..



Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.

You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.

You are further advised to Join your duties within 48 hours of receiving this letter and submit a written explanation on your unauthorized leave as soon as you resume duties.

Kindly treat this as very urgent.

For.. Company Name

Name:

Designation:

Regards,

Amit Seth.

Dear Ag,

You can send those show-cause and warning letters. The third letter should state that if you do not respond to this letter and if you do not come to the office within seven days after receiving this letter, it will be assumed that you do not want to continue your services with our organization. Automatically, the employee will be considered terminated if they do not report back.

Regards,
Anjali Verma

Dear Members,

In cases where employees are absconding, it is always possible that the person already has a new job in hand, so termination of the earlier job or not issuing any relieving letter does not make any big difference to the person. In fact, it is the earlier employer who is the loser as he has spent money on training the candidate, and before he starts generating revenues or output for the company, he leaves for a better package.

In such cases, I feel there has to be some strict legal action against the employee, and the earlier employer should be able to recover the expenses incurred on the absconding employee. Kindly let me know the provisions for the same, if any.

Regards,
Yogesh Bhat

Comrades,

Why can a clause in the employment agreement on the date of joining not be added? "I understand that the management has all the rights to terminate the employee who is a no-show to his delegated duties for more than 15 days."

Think we can address this issue at the very beginning of the employment itself, isn't it?

Regards,
LN Bhattacharya

Hi Ag,

Abandonment of service is a common phenomenon these days and is a known malady in companies.

I suggest you may do the following:

1. Send in 2-3 letters to join duty within a certain time frame (1st letter inquiring about unauthorized absence from duty). HR follows a participative mode and, therefore, sends these letters (drafted by HR) through the respective manager or department head of the absentee. The intent is to ensure that they have put in sincere efforts in finding out the absence of their subordinate (remember, they are responsible, not just HR) and have tried to make calls to him/her seeking reasons and to join duty. 2-3 letters must be spaced out at least 15 days apart (reasonable time to respond) given that the absence may be genuine (grave accident/illness, etc).

2. Seek an internal communication from the respective Manager/Head of Department (HOD) to HR briefing about the case and efforts put in to find out the absence and making the employee join. HR takes on from hereon.

3. Send 1-2 warning letters explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advising immediate response and to join duty.

4. Send a show cause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.

5. Send a final letter quoting all the above letters, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him the opportunity to respond.

6. Officially strike his name off the rolls, writing to him about the cessation of his services from the company. Please remember, legally speaking, one odd case may seek legal redressal and get back with a reinstatement. The management needs to keep that in mind. But these steps are necessary and must serve as a deterrent to erring employees. Hopefully, abandonment cases will reduce once employees know the consequences fair and sound. On records, the employee has been terminated for abandonment of service.

7. If the employee returns at his sweet time and will, he will have no right or recourse to the job. Neither will he need a relieving letter (terminal letter already served on him). The experience letter is at the convenience of the management. A recommendation certificate must not be given to him.

Dues must be calculated from the date of cessation written in the last terminal letter by Accounts/HR. Receivables must be clearly and succinctly communicated to the employee, and a time given. If not paid by the employee, he may be served a legal notice via an attorney. One-off legal notices will ensure deterrence amongst other probable absconders.

The biggest job of HR is to create a system, a culture, and precedence in the office for all to follow. Once well communicated and the consequences known, employees will not want to abandon jobs like this. Often, the process or consequences are not well understood or communicated in the office.

Incorporating clauses in the appointment letter is fine and legally lends credence to a stronger tool for the management. Conduct rules/COC/HR policies must be clear on this subject. Conciliation/arbitration or adjudication (Court) proceedings seek written documentation mainly as evidence as well as the fair trial accorded to the absconder (following principles of natural justice). So keep documentation well spaced and perfect.

Hope this helps.

Rahul Kumar
09968270580

Dear Cite HR members,

Greetings to all!

I work with the HR Team of a Software Development Organization stationed in Delhi.

This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.

Initially, we did not have a process to handle these situations, and I am currently working on the same. We have drafted a series of letters as soon as an employee is absent without information. These letters include a general letter inquiring about the reason for absence, followed by a show-cause notice, warning letter, and finally, a termination letter. So far so good.

But there have been cases in the past (last several years) where the employees have absconded, and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.

Those cases now can't be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for so and so time... so rather a letter saying that we assume that you have voluntarily abandoned your services etc., and please settle your dues...

Please advise.

Looking forward to your responses as it is very important and urgent for me.

Thanks in advance!

Warm Regards,

Ag

Hi Lavanya,

Let me share with you the practice in NTPC. Once an officer is found absent without sanctioned leave for four continuous days, he loses his lien to the post. This provision is contained in the NTPC CONDUCT, DISCIPLINE, AND APPEAL RULES. These rules are applicable to supervisors and executives. Management actions should have the backing of laid rules/policy.

An absconding employee does so with a reason. If he does not respond to communications from the management, it clearly indicates that the absconder is intentionally avoiding the notices/communications. The reasons may be many, but the fact remains that he is not responding to the notices. The notices might have not been received by him by bribing the postman to record "house found locked," "does not stay at this address," "left this house," etc. Your organization should lay down clear, exhaustive, and flexible policies in dealing with such cases. You can ask your law department to send you the latest case laws decided by the various High Courts and the Honorable Supreme Court of India on this point.

My considered opinion is that the employer has every legal right to get rid of employees who abandon their jobs and do not show any interest in their employment. However, such a decision should be taken after making a strong case against him with documentary evidence. This cannot be treated as "retrenchment" under this circumstance under the ID Act. Go ahead and get rid of such employees as soon as possible, but cautiously as advised above. You should keep reading law also on such points to understand the legal position as of date.

Regards,

Yours truly,

Satish Kumar Sr. Manager (HR) NTPC FOUNDATION, NOIDA

Dear All!!

I suddenly see an upset MANAGEMENT speaking... where's the humane HR manager gone? :-)

We are also supposed to be looking at the welfare of the employee. So what if he's left... he was part of the 'family' till a few days back! Wasn't he?

If he's left the organization, then he must have done that for HIS betterment. All through, when he was in the company, HR was trying to tell him that the company looks after his welfare!!

Since we get salaries from our respective companies, it is our duty to safeguard its interests. In my view, if we try to play nasty with a departing employee, it will create a bad name for the organization. You should be as helpful as possible so that he talks well about the HR department (at least), if not the company (which he won't in 82% of cases).

It goes without saying that legally one has to serve all those letters that my friends here have already mentioned. And keep the company safe from any legal actions.

But precaution is better than cure. We should mention the termination terms, no experience letter if he leaves in certain circumstances, etc., on the appointment letter itself.

I strongly feel that a departing employee should leave with as few grudges against the organization as possible for the good of the company. And if he had signed on all those points that could create problems later, then he would be a less grumpy man!! :-)

Regards,

akhiil

Hi Ag,

We have received a lot of suggestions from all our members, and I would like to add one suggestion. While the employee is absent by themselves, we can send a notice letter by mentioning that in case you do not reply or inform us within 7 days, we will file a legal case against you.

If you do not reply, you will have to pay one month of salary to us for not coming to the office, depending on the notice period. This is becoming common in many big companies nowadays.

Regards,
Shilpa U

Hi All!

A good discussion is going on. Thanks to all. I opine that we (HR) should very promptly close the file with termination. There have been cases in the past where some employees 'absconded' from the job (actually went to Gulf countries for 6-7 years). Once they came back with money and time, they demanded employment. In legal procedures, they invariably lose, but still, it eats up your time, money, and energy. So, even if some time has gone past, we (HR) should list down such cases and 'finish off' their files with a series of letters - warning, show cause, chargesheet, and termination.

As far as an experience letter is concerned, they should be issued an experience letter on demand with a remark - Reason for leaving/termination: Unauthorized absenteeism. This should set a good example for them.

I have worked abroad. I have not found a problem from being relieved from work, either by virtue of buying out the termination period or being relieved in good taste. Why should the experience with Indian companies be such a nightmarish when it comes to resigning.

Can't you see if many people are absconding, there is more of a people issue that needs to be corrected? People are important, there have to be some quick confidence-building measures put into practice, which will help reinstill. I think this problem needs to be dealt with at a grassroots level.

I know I'm on the other side of the fence, but I'm just chipping in my 2 cents.

Regards

Whatever the steps taken are right. But once he comes back, then give him a termination letter. If he feels bad to have a termination letter, then ask him to give a resignation letter on that day on which he has been irregular. Then give him an experience letter. Maybe that letter may help him in the future if he is an employee.

Dear All,

I have been going through these posts and have come across various opinions regarding what to do when an employee is absconding. I would like to pose a similar question to the seniors. In our organization, we have a department for outsourced employees, which is entirely client-dependent. If an employee absconds from their duties without prior information or approval for leave, we are required to provide an immediate replacement for that specific position. Therefore, even if the employee returns, let's say after 10-15 days, there is no guarantee that the client will still require their services at that point in time. Consequently, in this scenario, it becomes challenging to either enforce a notice period or proceed with termination. What actions do you suggest should be taken in such cases?

Regards,
Smita

Hi Smita,

Thank you for your question. Since you mentioned that it's a client-based work, it means any new employee can easily take on the work. The same level of pressure will be placed on both new and existing employees. Therefore, it is essential to clearly communicate within the organization that if you are absent from work for more than 10 days without prior notice, your job will be terminated. There will be no sending of registered posts or any formalities.

Thank you.

Hi,

I go with Amit Goyal - First of all, your company policy should have clear draft clauses in this relation, and the same should be contained in the appointment letter/offer letter issued to all the employees. Include clauses explaining the causes of such absence without intimation/permission for a prolonged period and the course of actions which will follow from the company's end.

And, if all the employers insist strongly on relieving letters/acceptance of resignation from the previous employers (role of HR before offering a post to a candidate) could this issue be addressed well. A proper background check of the candidate before offering a position would also help tackle these cases.

"PREVENTION IS ALWAYS BETTER THAN CURE"
-Saravana Rajan.

Just wanted to know that absconding cases under NASSCOM for IT companies - can it be reversed/changed in any case? Is there any procedure we need to follow for the same?

Thanks for all the information provided by the HR professionals. I still have a question to ask. Do we need to follow a series of letters to terminate a probationer who has not fit into the organization and has not responded to any of our communication attempts?

Dear friends, I don't know why you all, learned people, are talking about adjusting the salary due to not serving the notice of resignation on the employer. The Standing Orders Act clearly states that you cannot deduct the salary of a person on the grounds that he has not served the required 30 days' notice before leaving. If you do so, even in writing, that would be an unfair labor practice.

You can, of course, sue him in court for the damages and losses you incurred due to his abrupt quitting of employment.

Regards,
Vishal

Subject: Warning Letter for Absence Without Prior Permission

Dear Sarvendra Pandey,

I am writing to address a matter of concern regarding your recent unauthorized absence from work without prior permission. As a member of our team in the Human Resources department, it is essential to adhere to company policies and procedures, including obtaining approval for any planned leave or absence.

Your absence without proper authorization not only disrupts the workflow within the department but also sets a negative example for your colleagues. Regular attendance and timely communication are crucial for the smooth functioning of our team and the overall success of our organization.

I urge you to ensure that any future absences are communicated and approved in advance as per the company's guidelines. Failure to comply with these expectations may result in further disciplinary action.

Should you have any concerns or need clarification on our attendance policies, please feel free to reach out to me directly. Your cooperation in this matter is greatly appreciated.

Thank you for your attention to this issue.

Sincerely,
Human Resources Department
Contact: [Phone Number Removed For Privacy Reasons]

I have a question: If a person is unwell and informs the company after 2 days via email that they're suffering from a certain disease, and the doctor prescribes bed rest for 20 days, but the company treats it as absconding and sends a termination letter stating no dues rest on the company account, will the person be able to secure a government job even after being terminated from a private company if they don't provide evidence of their employment there?