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 with a certain time (1st letter enquiring
unauthorized absence from duty). HR follows a participative mode and therefore send 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 in 15 days (reasonable time to respond) given that 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 absence and making the employee join. HR takes on from hereon..
2. Send 1-2 warning letter(s) explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advicing immediate response and to join duty.
3. Send showcause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.
4. Send in a final letter quoting all above letter, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him opportunity to respond.
5. Officially, strike his name off the rolls, writing to him about 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 cause 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.
6. 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). Experience letter is at the convenience of the management. Recommendation certificate must not be given to him.
7. Dues must be calculated from the date of cessation written in the last terminal letter by Accounts/HR. Receivables must be clearly and succintly 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 office.
Incorporating clause(s) in the appointment letter is fine and legally lends credence to a stronger tool with 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 also the manner of 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 employeess is absent without information. These letters include 1. General letter enquiring about the reason of 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 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 cant 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 etc...and please settle your dues...
Please advice.
Looking forward to your responses as it is very important and urgent for me.
Thanks in advance!!
Warm Regards,
Ag