Employee Missing for 15 Days: How Should HR Handle This Unexplained Absence?

One of our employees stopped coming to the office. We tried to reach the person on the phone, but in vain. It's nearly 15 days now. As an HR person, how should I handle such a situation? I should know the reason behind this and keep my company safe too.

Dear Anita, how did you come to know that the employee has been unauthorizedly absent for 15 days? Are you his functional head? If not, did you receive any complaints from his functional head?

Whatever the case may be, firstly, send a letter to his last known address by registered post directing him to report for duty within three days with his explanation in writing for his unauthorized absence. Also, mention in the letter that any failure on his part in this regard would entail disciplinary action against him under the relevant rules of the organization.

If the letter is unserved or there is no response from the employee, frame charges, conduct a domestic inquiry (in case of his failure to attend the inquiry, the inquiry officer would proceed ex parte). After analyzing the findings of the inquiry report, issue a second show-cause notice about the proposed punishment and then finally award the punishment of dismissal by means of speaking orders. If the absconding employee remains incommunicado throughout, ensure service of communication at every stage by means of paper publication, particularly in vernacular newspapers.

Dear Anita, while I largely share the views of Mr. Umakanthan, I believe before deciding on instituting a domestic inquiry, one must examine and analyze the following facts:

1. Whether the Industrial Employment Standing Orders Act is applicable to the establishment (in Maharashtra, it applies to establishments such as factories, shops, and commercial establishments employing 50 or more workmen).

2. Whether immediately after noticing his absence, any letters were sent to the employee pointing out that his absence is unauthorized, without any permission or intimation, and asking him to report for duty, failing which disciplinary action will be taken.

3. To establish in the inquiry that his absence is habitual, whether his past record is available and supports it. Remember, habitual absence (3 times within the prior 12 months period as per Model Standing Orders) only warrants harsh disciplinary action like dismissal after providing enough opportunity to improve.

4. If the present absence is for the first or second time, it would be appropriate to warn him and let him off.

The above considerations are more from a legal perspective, and I am certain Mr. Umakanthan had this in mind when he shared his views.

Regards, Vinayak Nagarkar HR Consultant

Dear Madam,

Before commencing any action, please ensure that the Office Manual (Operation Manual or HR Manual) has elaborated on "unauthorized absence" and its consequences and be guided accordingly. Even if it is unauthorized absence, any stringent action by the Employer can be substantiated only if the staff had been 'habitual' in absenting without proper authorization.