Employee Missing for Over 3 Weeks: How Do You Start the Termination Process?

If an employee is absent from duty for a longer duration of more than 3 weeks and has no response to calls or emails, how do we initiate the termination process?

If your rules and regulations provide for loss of lien/presumption of abandonment, then you can resort to that clause. Before that, ensure that a couple of your notices for taking action under this clause reach the employee. Otherwise, issue a charge sheet and hold an inquiry into charges of unauthorized absence, and impose suitable punishment.

Hi, First of all, try your best to reach him over the phone to find out the reason. In case the employee is not reachable, dispatch a warning letter through RPAD. Set a realistic timeline for reporting. Wait for RPAD acknowledgment, then proceed with the second warning letter. If the employee fails to respond even after two warnings, you may proceed with termination. It is important to provide the employee with an opportunity to report back; you can't initiate termination directly without waiting for this opportunity.

If the RPAD letter bounces back, file it in the employee's personal file without opening it. Also, keep RPAD acknowledgments, as they are crucial. If the employee challenges your termination in the future, these documents will be essential during legal proceedings.

Hi, Assuming that the absent person is a workman, you can act as follows:

a) Send 2-3 letters advising him to report for duty immediately upon receipt of the letter. This letter should be sent to his last known address by RPAD without prejudice to the rights of the Management to initiate appropriate disciplinary action against the absent employee.

b) Scout for the absentee through friends, relatives, or any other known persons to the best extent possible. There could genuinely be a problem for that person as well.

c) If it is still not possible and the letters sent are returned to the company undelivered, then release a paper publication if required.

d) If the letters are delivered, and he still does not report for duty, someone from HR/Personnel department or from the Union side can visit his house to find out the actual situation.

e) If you can contact him and speak to him, you can advise him to submit his resignation and be relieved from the services. If necessary, you can consider some ex-gratia amount to motivate him to submit his resignation.

f) If none of the above works out, then issue a show-cause notice and initiate appropriate disciplinary action against the individual, duly following the principles of natural justice.

On the other hand, if he is an executive, try to visit his house as early as possible and gather information from his friends/relatives to understand the reasons and whereabouts of the executive. If he does not want to report for duty without any justifiable reason, advise him to submit his resignation and be relieved from the services. If he does not submit his resignation, then, left with no other option, terminate his services. However, if there is a genuine reason for his absence, please speak to the Management and extend the best support from the Management to combat the crisis situation and enable him to report for duty at the earliest possible.

Regards,

Hi Sasi Lala, Initiating the termination process for an employee who has been absent for an extended period without communication requires careful consideration and adherence to legal and company policies. Here are general steps you might consider:

Review Company Policies:
Ensure that you are familiar with your company's policies regarding absenteeism, communication, and termination procedures. This information is often outlined in the employee handbook.

Attempt to Contact the Employee:
Make multiple attempts to contact the employee through various means, such as phone calls, emails, and written communication. Document all attempts to reach out.

Check Emergency Contacts:
Reach out to the employee's listed emergency contacts to inquire about the employee's well-being and whereabouts.

Consult HR:
Contact your Human Resources (HR) department to discuss the situation. They can provide guidance on the appropriate steps to take and ensure that you are following company policies and legal requirements.

Send Written Notice:
Send a written notice to the employee, via certified mail if possible, outlining the concerns regarding their extended absence, lack of communication, and the potential consequences, including termination.

Document Everything:
Keep detailed records of all communication attempts, copies of written notices, and any responses received.

Legal Considerations:
Be aware of any legal requirements in your jurisdiction related to termination. Consult with legal counsel if necessary to ensure compliance with employment laws.

Hold a Meeting:
If the employee does respond or return, schedule a meeting to discuss the reasons for their absence. Document the meeting and, if applicable, discuss any potential accommodations or solutions.

Follow Company Procedures:
Follow your company's specific termination procedures, which may include a termination meeting, finalizing paperwork, and communicating the termination to relevant parties.

Notify Relevant Departments:
Inform HR, payroll, IT, and other relevant departments of the termination to ensure a smooth transition.

The specific steps may vary based on company policies, labor laws, and the individual circumstances of the situation. It's crucial to consult with HR and, if necessary, legal counsel to ensure that the termination process is handled appropriately and legally.

Thanks

You need to adhere to the clauses in the employee's appointment letter. The simplest way to terminate is by giving notice pay if it is a clause. Follow the clause and conditions of the standing order for long-term and absconding employees.

Send a letter to the employee at their local and permanent address and send a copy of the letter by an office messenger, mentioning the clause to join within 7 days. Otherwise, it will be considered abandonment of service at their own wish.