How Should I Address an Employee's Two-Month Absence and Legal Issues in a Rejoining Letter?

Hi,

Please clarify the following:

One of our employees has not turned up for duty in the last two months. Despite sending letters to his home address regarding his absence, there has been no response. Now, he has come to our office and is asking to rejoin.

We have inquired about the reason for his absenteeism over the last two months from people in his neighborhood. They have informed us that there is a police case against him, and the case is currently going on in court.

In this scenario, please advise on how I can draft a letter to the employee addressing this issue.

Regards,
Prasath
HR

There are various types of modes available for sending letters to employees. Please remember, when posting any letter to an employee, utilize the services of the postal department or email. These services are valid in a court of law.

If a particular employee wishes to rejoin, you can very well ask him about the gap of 2 months. You can show him the letters dispatched by your office that were returned delivered (here, your mode of delivery of letters is of utmost importance).

A. Prakash

Contents of the Letters

You have already painted the wall. In your post, you mentioned that you have sent various letters. Then my question is, what are the contents of the letters? Have you written to him regarding termination, disciplinary action, actions as per the letter of appointment, or actions as per the code of conduct?

Seeking Explanation for Absenteeism

I feel at this stage you may ask him to furnish his explanation regarding absenteeism. After receiving his reply, if it is not satisfactory to your management, you may take necessary actions against him. In my opinion (although I do not have core knowledge of HR), you must give him every opportunity to defend his issue so that in the future, if the aggrieved employee decides to take the matter to court, you should have enough documentary evidence. This will enable you to easily plead in court that you have given enough and every opportunity to the aggrieved employee.

Sorry, I can't provide you with a draft letter right now because it depends on the type of correspondence you have had with the aggrieved employee.

Regards, A. Prakash

If you can get a copy of the FIR report from the Police Station, you have a case to terminate his services ab initio on the ground of moral turpitude.