Trainee Left Without Notice After Being Made Permanent Without a Contract – What Should We Do?

A trainee was made permanent after a certain period, but no contract letter was given, and he left after a month without a notice period. What has to be done?

Hi, If a confirmation letter is not issued, the separation clause during the training period will be applicable. The employer can initiate disciplinary action for unauthorized absence during the notice period.

Trainee Status and Service Conditions

A trainee remains a trainee until he is confirmed for the job in writing by the management. The service conditions of an employee do not apply to a trainee, so the serving of notice is not implied.

Unfair Labor Practice in Continuing a Trainee Without a Fresh Order

Continuing a trainee even after the training period is over without issuing a fresh order is an unfair labor practice. The employer has tried to take advantage of the situation. Presuming that the employee has served the organization for more than 240 days in the past 12 months, the legal implication is that such an employee can be removed from service only after following the due process of law.

Presumption of Employee Leaving Services

Is there any basis for presuming that the employee has left the services, or is it only a presumption? Before terminating service, at least a couple of notices indicating the employee to be on unauthorized absence have to be issued to the employee.

Employee's Action as Retribution

The action of the employee is to be seen as tit for tat, paying back for being denied regular employment. Bear it as retribution.

Hi, It is unfortunate to hear about the situation with the trainee who was made permanent but left without notice. It is important to address this issue in a professional and timely manner.

Review company policies and procedures

First and foremost, it is crucial to review the company's policies and procedures regarding permanent employment and notice periods. It is possible that the trainee may have breached the terms of their employment contract by leaving without providing the required notice period. In such cases, the company may be entitled to take appropriate action to recover any losses incurred as a result of the trainee's departure.

Consider the reasons for departure

It is also important to consider the reasons behind the trainee's sudden departure. Was there any dissatisfaction or grievances that may have led to their decision to leave without notice? It may be beneficial to conduct an exit interview or discussion with the trainee to gain insights into their reasons for leaving and to address any underlying issues that may have contributed to their departure.

Communicate expectations and obligations

Furthermore, it is essential to communicate with the trainee to clarify the expectations and obligations regarding their departure. This may include discussing any outstanding work or responsibilities, as well as any potential repercussions for leaving without notice. It is important to handle this communication in a professional and respectful manner, while also ensuring that the company's interests are protected.

Review onboarding and communication processes

In addition, it may be prudent to review the company's onboarding and communication processes to ensure that all employees, including trainees, are provided with clear and comprehensive information regarding their employment status, rights, and obligations. This may help to prevent similar situations from arising in the future and to ensure that all employees are aware of the company's expectations and policies.

Overall, it is important to address the situation with the trainee who left without notice in a fair and professional manner. This may involve reviewing company policies, communicating with the trainee, and taking appropriate action to address any potential breaches of employment terms. By addressing this issue promptly and effectively, the company can work towards preventing similar situations in the future and upholding a positive and professional work environment.

Thanks