Hello Seniors, One of the employees of my company resigned. He had recently joined just four days ago (26th Nov). Suddenly, he stopped coming to the office since 1st Dec, and today, i.e., Monday, 3rd Dec, he emailed his resignation. Although his appointment letter was ready, he had not collected it. In this case, what action should be taken against him? Please reply...
From India, Mumbai
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From India, Mumbai
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Dear Neelam, May be their is some organisational culture issue and being HR we should ask the reason of leaving. so that we can work on the same.
From India, Indore
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105From India, Indore
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Neelam, these are common practices in the HR Department regarding new joiners. You just need to do one thing: ask for the reason for absconding and do not accept their resignation until they have served the notice period.
Thank you.
From India, Hyderabad
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Thank you.
From India, Hyderabad
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The reason he mentioned is a better opportunity with another company. He has not collected the appointment letter from the HR Department but has submitted all his joining documents. Is it okay if we do not accept his resignation letter? Please guide.
From India, Mumbai
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From India, Mumbai
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Understanding Employee Resignation
Ask him about better opportunities. What does that mean? Is it in terms of salary, growth, distance, or does he like your office environment?
Also, consider how many days he has worked. Update your database if he is absent and do not release his salary.
Regards
From India, Hyderabad
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Ask him about better opportunities. What does that mean? Is it in terms of salary, growth, distance, or does he like your office environment?
Also, consider how many days he has worked. Update your database if he is absent and do not release his salary.
Regards
From India, Hyderabad
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Handling Absconding Employees in HR
In terms of HR, mark him as absconding and do not accept the resignation letter since he has not even completed 3 to 6 months in the company. There is no need to worry; just send him a letter regarding the absconding status, and the case will be closed.
From India, Mumbai
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In terms of HR, mark him as absconding and do not accept the resignation letter since he has not even completed 3 to 6 months in the company. There is no need to worry; just send him a letter regarding the absconding status, and the case will be closed.
From India, Mumbai
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Neelam...i agree with Ashok...do not release his salary & by default the chapter would be over & take it easy this generally happens with the new joiners...
From India, Vadodara
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From India, Vadodara
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A few questions before I can answer the question:
1. Does your offer letter state any terms and conditions about the probation period, confirmation, and notice period? If yes, what are they? As he has not collected the appointment letter, he may deny the knowledge of any notice period or other terms and conditions of his employment.
Regards,
Preetam Deshpande
From India, Mumbai
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1. Does your offer letter state any terms and conditions about the probation period, confirmation, and notice period? If yes, what are they? As he has not collected the appointment letter, he may deny the knowledge of any notice period or other terms and conditions of his employment.
Regards,
Preetam Deshpande
From India, Mumbai
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Background Verification and Employment Agreement
If there was no acceptance of the employment agreement (Appointment/Joining Letter) from both sides, there is no need to do anything henceforth, and you need to close this chapter here. However, one thing you must take seriously is the Background Verification/Checking of a candidate, which will help you in such cases in the future.
Second, it does not matter what joining documents he has provided or what formalities you have completed on your end. If he has not yet signed his appointment letter or collected it from you (indicating he was not an employee of yours), he can leave for any reason, and he did this too. It is also evident that something is wrong on your side that allowed a candidate to join you and work for a few days without signing any Mutual Agreement of Employment, enabling him to leave as he was seeking a better opportunity.
Now you need to learn from this case and take it seriously.
From India, Gurgaon
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If there was no acceptance of the employment agreement (Appointment/Joining Letter) from both sides, there is no need to do anything henceforth, and you need to close this chapter here. However, one thing you must take seriously is the Background Verification/Checking of a candidate, which will help you in such cases in the future.
Second, it does not matter what joining documents he has provided or what formalities you have completed on your end. If he has not yet signed his appointment letter or collected it from you (indicating he was not an employee of yours), he can leave for any reason, and he did this too. It is also evident that something is wrong on your side that allowed a candidate to join you and work for a few days without signing any Mutual Agreement of Employment, enabling him to leave as he was seeking a better opportunity.
Now you need to learn from this case and take it seriously.
From India, Gurgaon
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Handling Employee Absconding After Resignation
Just four days and you are worried!
1. Do not send any communication.
2. Mark him absent.
3. Do not calculate his salary and do not include his name in the payroll.
4. If you have already included his name in the payroll, then take it out after 10 days.
5. Do not deposit PF or ESI if possible.
6. If he comes directly, then think about it.
In all probability, he may not come, and he does not require your certificates. Probably, he also does not want four days' salary. Just ignore. Search for another person. Do not waste your time and energy on a guy who has absconded.
From India, Chennai
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Just four days and you are worried!
1. Do not send any communication.
2. Mark him absent.
3. Do not calculate his salary and do not include his name in the payroll.
4. If you have already included his name in the payroll, then take it out after 10 days.
5. Do not deposit PF or ESI if possible.
6. If he comes directly, then think about it.
In all probability, he may not come, and he does not require your certificates. Probably, he also does not want four days' salary. Just ignore. Search for another person. Do not waste your time and energy on a guy who has absconded.
From India, Chennai
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Terms & Conditions in the Appointment Letter are a 3-month probation period and a 1-month notice period. Confirmation is after successfully completing the probation period.
Although he had not collected the appointment letter from the HR Department, all the terms, conditions, and policies were explained to the employee. He was asked to collect the appointment before leaving the office to avoid any discussion related to the appointment letter or salary package with department colleagues.
From India, Mumbai
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Although he had not collected the appointment letter from the HR Department, all the terms, conditions, and policies were explained to the employee. He was asked to collect the appointment before leaving the office to avoid any discussion related to the appointment letter or salary package with department colleagues.
From India, Mumbai
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Hi guys, though I am not a professional HR, the point here is that since the person has not collected his appointment letter from the HR department, it is obvious he has not signed it. This means, in simple terms, that officially he has not accepted the offer of joining the company, though practically he joined for a couple of days.
Hence, he is not liable for any explanation, nor can any action be taken against him as per the law and HR regulations.
Thanks.
From India, Chennai
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Hence, he is not liable for any explanation, nor can any action be taken against him as per the law and HR regulations.
Thanks.
From India, Chennai
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As per my experience, I think it could be someone who must have come to spy on your company or maybe got scared regarding the company's infrastructure and culture, or thought that it must not be suitable for him, or must have just come there to check his IQ level in regards to the interview. These are angles which we can consider if the person has been relieved from the company without prior notice.
I do feel that HR departments should handle these situations as special cases and trace them to determine the reason behind it. In my previous company, I found two individuals spying on me and attempting to control the company server.
Regards,
HR Manager
Chennai-Zone
From India, Chennai
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I do feel that HR departments should handle these situations as special cases and trace them to determine the reason behind it. In my previous company, I found two individuals spying on me and attempting to control the company server.
Regards,
HR Manager
Chennai-Zone
From India, Chennai
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Nothing can happen to the employee as he didn't accept the appointment letter since he is not an employee of any company. Now, the employer has to sign his letter at the time of the joining kit.
I don't think that the employee is worried about his 7 days of salary.
Regards,
Nirmal
From India, Ahmedabad
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I don't think that the employee is worried about his 7 days of salary.
Regards,
Nirmal
From India, Ahmedabad
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Evaluating the Worth of Management's Time
How much do you value management's time? How much would it cost you in terms of your time and energy if you pursue a situation where an individual, who did not even collect his appointment letter and was only with you for four days, shows no interest in collecting his salary or relieving letter? Why engage in any form of communication with him, desperately seeking to understand why he left the company? Even if he does not respond, as I am certain he will not, why allow your imagination to run wild, engaging in a guessing game about the probable cause for his departure or frantically exploring options on how to proceed against him for absconding? Is it truly worth management's time?
I understand the need to address such issues if it were an employee who had served the company for two or three years and then resorted to disappearing. In my view, it is better to close such cases as early as possible so that you can redirect your focus to more critical tasks at hand. You can take the following steps:
1. Mark in the muster roll against his name 'resigned with effect from...'
2. Keep the appointment letter and his resignation letter in the file.
3. Settle his four days' salary if your company has no objection (to prevent him from bothering you about this and engaging you in correspondence that is a waste of your time).
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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How much do you value management's time? How much would it cost you in terms of your time and energy if you pursue a situation where an individual, who did not even collect his appointment letter and was only with you for four days, shows no interest in collecting his salary or relieving letter? Why engage in any form of communication with him, desperately seeking to understand why he left the company? Even if he does not respond, as I am certain he will not, why allow your imagination to run wild, engaging in a guessing game about the probable cause for his departure or frantically exploring options on how to proceed against him for absconding? Is it truly worth management's time?
I understand the need to address such issues if it were an employee who had served the company for two or three years and then resorted to disappearing. In my view, it is better to close such cases as early as possible so that you can redirect your focus to more critical tasks at hand. You can take the following steps:
1. Mark in the muster roll against his name 'resigned with effect from...'
2. Keep the appointment letter and his resignation letter in the file.
3. Settle his four days' salary if your company has no objection (to prevent him from bothering you about this and engaging you in correspondence that is a waste of your time).
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Until he/she receives and acknowledges the Appointment Letter (not the Offer letter), submits their joining report, and signs the Company's employment agreement (if any), one can't be treated as an Employee of the Company. Hence, no action can be initiated against them as per LAW.
Regards
From India, Hyderabad
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Regards
From India, Hyderabad
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As long as the offer letter is not received by him, there is no problem. Just keep quiet. He will never contact you again as he would have got another opportunity or may not be able to continue for reasons best known to him. However, if he asks for the salary for the days he worked, you can tell him that it is not possible as the offer letter is not issued, and he is not covered under the employment in your company.
From India, Madras
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From India, Madras
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Handling Employee Resignation Without Appointment Letter
An employee who does not collect his appointment letter, joins duty only for four days (probably to get a feel of the job), and disappears thereafter has apparently not been serious about this job. Such an employee would likely not be interested in any salary or experience letter from your organization. If, by any chance, this employee asks for his salary, please request him to send a photocopy of his appointment letter through his present employer. Please ignore his resignation letter since you have nothing on record of his having accepted the appointment and its terms and conditions. Unless he has accepted the appointment, he can't be on your rolls.
Though it is highly undesirable for an employee to behave in this manner, the fact remains that employment ethics are not followed by many individuals. Therefore, to avoid heartburns, HR has to ignore such cases and concentrate on retaining those who are contributing to the organization with their dedication and performance.
Regards
From India, Delhi
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An employee who does not collect his appointment letter, joins duty only for four days (probably to get a feel of the job), and disappears thereafter has apparently not been serious about this job. Such an employee would likely not be interested in any salary or experience letter from your organization. If, by any chance, this employee asks for his salary, please request him to send a photocopy of his appointment letter through his present employer. Please ignore his resignation letter since you have nothing on record of his having accepted the appointment and its terms and conditions. Unless he has accepted the appointment, he can't be on your rolls.
Though it is highly undesirable for an employee to behave in this manner, the fact remains that employment ethics are not followed by many individuals. Therefore, to avoid heartburns, HR has to ignore such cases and concentrate on retaining those who are contributing to the organization with their dedication and performance.
Regards
From India, Delhi
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Since he has not collected his offer letter, he doesn't stand liable for any misconduct case in your organization even though he had submitted his documents. You shall not release his salary, update his record in your database, and be cautious of his application in the future. Please cascade the same information to the respective teams in your organization.
Thank you,
Regards,
Neha
From India, Delhi
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Thank you,
Regards,
Neha
From India, Delhi
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Better you do nothing right now unless s/he claim pay for the worked-days. In that case, s/he should be governed by the terms of letter of appointment regarding payment and notic period.
From Pakistan, Rawalpindi
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From Pakistan, Rawalpindi
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Did he sign any Letter of Intent or Offer/Appointment Letter at the time of his selection? If not, since he did not collect his offer letter or give any confirmation, he doesn't stand liable for any misconduct case in your organization, even though he had submitted his documents and joined for a week.
You may write an email to make him aware of his gross conduct and that he won't receive his salary for the days he worked in your organization. Hence, his details will be updated in your company records, and he will not be able to apply to your organization in the future because of his absconding case.
You should update your records and be cautious of his application in the future, and cascade the same information to the respective teams in your organization.
Thanks,
Neha
From India, Delhi
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You may write an email to make him aware of his gross conduct and that he won't receive his salary for the days he worked in your organization. Hence, his details will be updated in your company records, and he will not be able to apply to your organization in the future because of his absconding case.
You should update your records and be cautious of his application in the future, and cascade the same information to the respective teams in your organization.
Thanks,
Neha
From India, Delhi
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Dear Neelam, it is usually the practice that whenever someone is looking for a job or change, they apply at 'n' places. If they get shortlisted at more than one place, they weigh all the pros and cons of both organizations and accordingly accept the one they feel is better or best.
Handling Resignation Without Appointment Letter
Coming to your case, the person joined on the 26th, worked for 4 days, was absent from the 1st, and resigned on the 3rd - Monday. As is obvious and as they stated, they have got a better opportunity.
You mentioned they have not accepted or taken their appointment letter. So there is no clause of absconding. You can just say that you would not be processing their 4 days' salary to communicate to others that such practices are not entertained. But beyond that, nothing else needs to be done.
Since they don’t even have a copy of the appointment letter, they don’t even need to give an official resignation. But out of good nature, they have informed you about their future plans.
Right to Choose a Better Future
Each one of us has a right to decide on our better future, don’t we? Would we not switch if we get better opportunities—salary, profile, location, work-life balance, future growth, whatever it is. Nothing out of the world was performed. So just chill.
And as I said, there’s no exchange of the appointment letter and acceptance of it, there’s little you could do to make them stay.
Hope this helps.
Regards.
From India, Mumbai
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Handling Resignation Without Appointment Letter
Coming to your case, the person joined on the 26th, worked for 4 days, was absent from the 1st, and resigned on the 3rd - Monday. As is obvious and as they stated, they have got a better opportunity.
You mentioned they have not accepted or taken their appointment letter. So there is no clause of absconding. You can just say that you would not be processing their 4 days' salary to communicate to others that such practices are not entertained. But beyond that, nothing else needs to be done.
Since they don’t even have a copy of the appointment letter, they don’t even need to give an official resignation. But out of good nature, they have informed you about their future plans.
Right to Choose a Better Future
Each one of us has a right to decide on our better future, don’t we? Would we not switch if we get better opportunities—salary, profile, location, work-life balance, future growth, whatever it is. Nothing out of the world was performed. So just chill.
And as I said, there’s no exchange of the appointment letter and acceptance of it, there’s little you could do to make them stay.
Hope this helps.
Regards.
From India, Mumbai
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Dear Neelam,
As he has not collected the Appointment Letter, there is no point in depending on the Terms & Conditions of Appointment. That is where we have to make sure that we have received his acceptance of the Offer before joining or on the day of joining he has acknowledged/accepted the Offer/Appointment Letter and its Terms & Conditions. Once the employee accepts/signs the Terms & Conditions of employment, then only we can think of further actions if he absconds/leaves without intimation.
When an employee absconds, there is no need to think of payments as it is a valid/authorized reason to stop payment even for 4 days. If he has absconded/not reported due to the work environment, it is our responsibility to take care of the working environment.
In the given situation, it is of no use even if we think of actions, ignore him, and plan for further hiring. It is my practical experience, and we have not seen anyone taking action on a 4-day worked employee who has not agreed to the Terms & Conditions.
Regards
From India, Hyderabad
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As he has not collected the Appointment Letter, there is no point in depending on the Terms & Conditions of Appointment. That is where we have to make sure that we have received his acceptance of the Offer before joining or on the day of joining he has acknowledged/accepted the Offer/Appointment Letter and its Terms & Conditions. Once the employee accepts/signs the Terms & Conditions of employment, then only we can think of further actions if he absconds/leaves without intimation.
When an employee absconds, there is no need to think of payments as it is a valid/authorized reason to stop payment even for 4 days. If he has absconded/not reported due to the work environment, it is our responsibility to take care of the working environment.
In the given situation, it is of no use even if we think of actions, ignore him, and plan for further hiring. It is my practical experience, and we have not seen anyone taking action on a 4-day worked employee who has not agreed to the Terms & Conditions.
Regards
From India, Hyderabad
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I would like to make a few observations. In my opinion:
Enhancing the New Employee Experience
1) It is a good practice to hand over the appointment letter on the day an employee joins as part of enhancing the "feel-good" factor and extending a warm welcome to a new employee coming aboard (especially those who are entering employment for the first time). To make this happen within existing processes:
- Documents that need to be collected/verified should be appended as an Annexure to the offer letter.
- The appointment letter may be amended to mention that it is subject to verification of documents and references to accommodate internal procedures.
Appropriate Use of Terminology
2) Perhaps it is not right to use the word "absconding" in this situation as you may not have agreed upon the terms/process of separation in the offer letter, besides the fact that he (by your own admission) has informed you. The term is perhaps more appropriate when an employee is aware of the process and terms of separation and does not attend the office without information to and with the consent of the employer.
Understanding the Underlying Issues
3) While it is true that such things do happen, in case it is more than a one-off situation, there is perhaps a reason to look within to understand the reasons for such action and possibly try to identify such instances in the selection process itself.
Handling Uncollected Appointment Letters
4) Since the appointment letter was never signed off by the employee, a "withdrawal of the offer" is better than a "termination of employment" since the employee-employer relationship does not exist on records.
I hope these observations are helpful. Thank you.
From India, Bangalore
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Enhancing the New Employee Experience
1) It is a good practice to hand over the appointment letter on the day an employee joins as part of enhancing the "feel-good" factor and extending a warm welcome to a new employee coming aboard (especially those who are entering employment for the first time). To make this happen within existing processes:
- Documents that need to be collected/verified should be appended as an Annexure to the offer letter.
- The appointment letter may be amended to mention that it is subject to verification of documents and references to accommodate internal procedures.
Appropriate Use of Terminology
2) Perhaps it is not right to use the word "absconding" in this situation as you may not have agreed upon the terms/process of separation in the offer letter, besides the fact that he (by your own admission) has informed you. The term is perhaps more appropriate when an employee is aware of the process and terms of separation and does not attend the office without information to and with the consent of the employer.
Understanding the Underlying Issues
3) While it is true that such things do happen, in case it is more than a one-off situation, there is perhaps a reason to look within to understand the reasons for such action and possibly try to identify such instances in the selection process itself.
Handling Uncollected Appointment Letters
4) Since the appointment letter was never signed off by the employee, a "withdrawal of the offer" is better than a "termination of employment" since the employee-employer relationship does not exist on records.
I hope these observations are helpful. Thank you.
From India, Bangalore
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Dear Neelamsn, Nowadays, it is a trend for new joiners, especially in IT organizations, to receive the offer letter and then negotiate with other companies. Even a slight increase in the offer prompts them to leave. I suggest avoiding the issuance of a signed offer letter. Instead, provide a soft copy as the offer letter. Additionally, issue the appointment letter after 7 working days from the date of joining. In cases where an employee decides to leave the organization or discontinue their employment, kindly inquire about the reason for their decision. It is important to mention that this information will be communicated to their new organization during the HR reference check.
Warm regards, Pranab Chakraborty
From India, Mumbai
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Warm regards, Pranab Chakraborty
From India, Mumbai
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Frankly, there is not much that you can do. A letter of appointment has been issued but not collected by him. Therefore, the terms and conditions of the appointment have not been agreed upon by him. As an organization, you don't have an accepted copy of his letter of appointment to be able to demonstrate that he has accepted the terms of employment, including the notice period. Technically speaking, he is not even an employee, so where is the question of accepting his resignation?
At best, what can be done is to formally advise him, at his last recorded address in your files, that since he has left without accepting the appointment letter, no salary would be payable to him. Thereafter, just close the case. Incidentally, he cannot be termed as absconding either because he never joined your organization.
From India, Bangalore
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At best, what can be done is to formally advise him, at his last recorded address in your files, that since he has left without accepting the appointment letter, no salary would be payable to him. Thereafter, just close the case. Incidentally, he cannot be termed as absconding either because he never joined your organization.
From India, Bangalore
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No need to worry about him just closed the file. Dont release his salary, no need to ask reason, dont asking notice period.
From India, Mumbai
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From India, Mumbai
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It is not exactly because of fashion that they justify it as the IT world/corporate style. When an employer doesn't have a project, they fire employees for whatever reason and hire when there is a demand. Employees also adopt the same culture, playing with companies, and ultimately putting pressure on the hiring manager/HR manager.
As Kalyan said, if everything/process is streamlined prior to his employment/on the date of joining (DOJ), such as referral checks, background verification, and acceptance/approval of terms and conditions, he wouldn't try to run away from the company, as all his referrals know about his new employment.
Moreover, an employee's selection depends on the size of the company and the standard of the company in the market, not necessarily the high salary.
Regards
From India, Hyderabad
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As Kalyan said, if everything/process is streamlined prior to his employment/on the date of joining (DOJ), such as referral checks, background verification, and acceptance/approval of terms and conditions, he wouldn't try to run away from the company, as all his referrals know about his new employment.
Moreover, an employee's selection depends on the size of the company and the standard of the company in the market, not necessarily the high salary.
Regards
From India, Hyderabad
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As Neleem said, the employee did not collect his appointment letter, so the organization has nothing to do against him. Even the salary payment may not be a strong tool to bring him back (only two to three days).
Considerations for Handling the Situation
Neleem, you have to think carefully as each action you take represents and reflects the image of your organization. I believe the reference check process should have indicated something to you about his personality. If he is a junior staff member and can be easily replaced, then let him go and start looking into your list of backups. If he is a senior candidate and you need him, then please invite him for a meeting and see what you, as an organization, can do in order to get him back. Maybe you should have exited him in the first two days of his induction process. Please look into the induction and possibilities of retaining the person.
Good luck
Regards
From Egypt, Aswan
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Considerations for Handling the Situation
Neleem, you have to think carefully as each action you take represents and reflects the image of your organization. I believe the reference check process should have indicated something to you about his personality. If he is a junior staff member and can be easily replaced, then let him go and start looking into your list of backups. If he is a senior candidate and you need him, then please invite him for a meeting and see what you, as an organization, can do in order to get him back. Maybe you should have exited him in the first two days of his induction process. Please look into the induction and possibilities of retaining the person.
Good luck
Regards
From Egypt, Aswan
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This is a common practice nowadays, especially in sales functions. When looking for a change, people entertain offers from more than one organization and may even accept an offer from one while still considering others. If they receive a better offer before signing an appointment letter, they may choose to pursue that opportunity, leaving the previous one. In most cases, there is limited recourse against such actions since there was no formal agreement in place. Many organizations choose to blacklist such candidates for any potential future opportunities.
Regards,
Deepesh Jain
From India, Mumbai
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Regards,
Deepesh Jain
From India, Mumbai
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In continuation of the above-mentioned responses, speak to the candidate and ask him to come and resign in person. He has not yet collected the letter of appointment. Please check in the employee's file whether he has signed the letter or not. If he has signed, then accept the resignation and mention in the comments that the notice period was not served (please check your company's probation policy regarding the same) and recover any dues if applicable.
We ideally cannot initiate the absconding process since the employee has already sent his resignation letter via email. Therefore, my recommendation would be to close the case by accepting his resignation and mention in the comments that the employee left without serving the notice period (please check the probation policy) and that he has pending dues.
Hope this helps.
From India, Mumbai
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We ideally cannot initiate the absconding process since the employee has already sent his resignation letter via email. Therefore, my recommendation would be to close the case by accepting his resignation and mention in the comments that the employee left without serving the notice period (please check the probation policy) and that he has pending dues.
Hope this helps.
From India, Mumbai
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You have not issued him an appointment letter, and hence technically, he is not your employee yet as he did not sign any document. Sending a letter or an absconding notice is not required. Please erase his attendance from the registers and keep quiet.
Regards,
Murali
From India, Chennai
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Regards,
Murali
From India, Chennai
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As Preetam Deshpande rightly said, he has not accepted the appointment letter, which means the contract between him and the company is not complete yet. I feel there is no point in pursuing the case any further but just accept his resignation if other areas are clear (for example, no company documents are with him, or he has not accessed any confidential information, etc.).
From India, New Delhi
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From India, New Delhi
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Hi, What does Offer Latter says, should have notice of resignation(period i;e 1 week 2 weeks.
From Malaysia, Kuala Lumpur
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From Malaysia, Kuala Lumpur
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Dear Neelam,
Firstly, an appointment letter should have been issued on the day the employee joined. If you say the employee joined on 26th Nov and stopped coming since 1st Dec, you had five full days to give him the letter. Why was this not done? This action would show his commitment and acceptance of the terms written.
Reasons for Leaving
Secondly, if he says he has a better offer, this could mean two things: He is trying to renegotiate, or he was waiting for a confirmation from another company, and yours was a stop-gap arrangement. In either case, I think he is not a resource worth hiring, as for money, he/she will leave at any time.
Next Steps
If you have any proof that he joined you, you can send him an absconding letter and follow your organizational process to ensure audit norms are met. If you can find out his current employer, you can inform the HR there that the employee has not completed the formalities in your organization. Ensure you send an email to the candidate so you will have a basis for talking to HR (of the new employer).
Regards,
Anjana
From India, Mumbai
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Firstly, an appointment letter should have been issued on the day the employee joined. If you say the employee joined on 26th Nov and stopped coming since 1st Dec, you had five full days to give him the letter. Why was this not done? This action would show his commitment and acceptance of the terms written.
Reasons for Leaving
Secondly, if he says he has a better offer, this could mean two things: He is trying to renegotiate, or he was waiting for a confirmation from another company, and yours was a stop-gap arrangement. In either case, I think he is not a resource worth hiring, as for money, he/she will leave at any time.
Next Steps
If you have any proof that he joined you, you can send him an absconding letter and follow your organizational process to ensure audit norms are met. If you can find out his current employer, you can inform the HR there that the employee has not completed the formalities in your organization. Ensure you send an email to the candidate so you will have a basis for talking to HR (of the new employer).
Regards,
Anjana
From India, Mumbai
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Employers can take action against an employee who doesn't comply with company rules and regulations. That employee should adhere to the notice period. It is essential to inform all employees that any person who seeks an early release must notify the company and obtain approval from management. If approved, they can be released early; however, if not, they should honor the notice period. If an employee leaves the company without giving any notice or resignation letter (no show), legal action can be taken against them. It is advisable to try to contact the employee first before proceeding with legal actions.
Regards
From Malaysia, Kuala Lumpur
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Regards
From Malaysia, Kuala Lumpur
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In such a case, you have limited choices:
1. Try to get details of the present employment and write to them.
2. Do not pay anything and send a notice to the address.
3. Publish in the newspaper.
4. Threaten them with legal action.
5. The best way is to forget about the situation and continue to search further.
6. Going for a legal battle, but it is of no use.
7. In my opinion, write to his/her past and current employer about his/her behavior.
Regards
From India, Hyderabad
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1. Try to get details of the present employment and write to them.
2. Do not pay anything and send a notice to the address.
3. Publish in the newspaper.
4. Threaten them with legal action.
5. The best way is to forget about the situation and continue to search further.
6. Going for a legal battle, but it is of no use.
7. In my opinion, write to his/her past and current employer about his/her behavior.
Regards
From India, Hyderabad
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Please provide details on how he was employed without an appointment letter. Was he provisionally appointed? Once he has accepted the appointment letter, he is no longer an employee, and the question of a notice period or resignation does not arise. You need not worry about his discontinuance. However, you may check with the other office.
Regards,
K. Mohan, Advocate.
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Regards,
K. Mohan, Advocate.
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Point 1: Ensure that the appointment letter is given on the date of joining. That's a must. In this case, since he has not accepted the letter, technically, he is not on the muster rolls; hence, he is not considered an "employee"!
Point 2: Salary: There's no point in debating about it. He must be politely told to go and fly kites. If he makes a written request, then ask him to reimburse the time spent on his recruitment, etc.
Regards,
Shiva
From India, Trivandrum
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Point 2: Salary: There's no point in debating about it. He must be politely told to go and fly kites. If he makes a written request, then ask him to reimburse the time spent on his recruitment, etc.
Regards,
Shiva
From India, Trivandrum
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You can't take any action against him because there was no employer and employee relationship. If he had accepted the appointment, only then would such a relationship be created. Simply leave it as it is.
Regards,
dhanuskodi
From India, Coimbatore
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Regards,
dhanuskodi
From India, Coimbatore
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As you have not acknowledged the appointment letter, [Recipient] is not aware of the terms and conditions of the notice period or any other relevant terms. It is advisable to strive for mutual understanding and promptly address this matter. I believe that resolving this promptly through mutual agreement would be the best course of action.
Thank you.
From India, Mumbai
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Thank you.
From India, Mumbai
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When he has not accepted the appointment order by signing "I Accept" on the duplicate copy, he is not at all an employee of that organization. Therefore, you cannot take any action. During those four days, he was just a visitor. He should have at least resigned so that you can hire someone else. What would you do for a person who is only four days old in the company, has not accepted the offer letter (or may say the offer letter was not given or prepared after he resigned), and has not shown up for work? Just forget it and recruit another person.
Regards,
S N Rao
From India, Bangalore
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Regards,
S N Rao
From India, Bangalore
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I believe this fellow is important to you because you selected him/her out of many others. What you should do is try consultation, maybe have a meeting with him, especially in a tea shop. Ask him in-depth and voluminous questions about why he decided to join in the first place and why he is resigning now. Having told you everything, if you fail to persuade him to stay after your charms, then your policy should take effect. I hope that before signing the contract, he read the handbook of your company and the detailed policy and procedures. Do you have a policy in place that addresses the rights of an employee when resigning, being terminated, during the probation period, or notice period?
Thanks,
Regards
Mohamed
[Email Removed For Privacy Reasons]
From Djibouti
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Thanks,
Regards
Mohamed
[Email Removed For Privacy Reasons]
From Djibouti
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It's a common occurrence, and there is no remedy for it. The best approach is to always keep a backup. As for the case of the employee, although he is absconding, what's the use of declaring him an absconder? He has not done any harm to your company. Also, as he has submitted his resignation, that itself proves that he is aware of his appointment, whether or not it was issued to him in physical form.
Anyway, forget about it. It is not so serious as far as the company is concerned. Do not get involved in any legal action; it will simply waste your time.
Regards,
Yashpal Singh
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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Anyway, forget about it. It is not so serious as far as the company is concerned. Do not get involved in any legal action; it will simply waste your time.
Regards,
Yashpal Singh
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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As rightly pointed out, new joiners leaving within a week is very common among all functions, including HR personnel. Probably, he would have had another offer or was waiting for one from another place. It is better to leave the matter as it is without wasting your time on reasoning out why he left, etc. Look for an alternative if possible within.
From India, Chennai
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From India, Chennai
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Dear Neelam,
The ex-employee has been in your service from November 26th to December 1st. Since he has not signed the appointment letter, even though he may have been issued the offer letter, legally, nothing can be enforced. The maximum that could be done, as some other members have suggested, is to withhold his salary and close the case.
For your corrective action, obtain reasons for his departure from the organization and consider initiating corrective actions if the reasons are valid.
Hope the above meets your requirements.
Regards,
Dhinakaran
From India, Hyderabad
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The ex-employee has been in your service from November 26th to December 1st. Since he has not signed the appointment letter, even though he may have been issued the offer letter, legally, nothing can be enforced. The maximum that could be done, as some other members have suggested, is to withhold his salary and close the case.
For your corrective action, obtain reasons for his departure from the organization and consider initiating corrective actions if the reasons are valid.
Hope the above meets your requirements.
Regards,
Dhinakaran
From India, Hyderabad
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If he worked only two days with your firm and didn't like the atmosphere, you can simply accept his resignation and bid him goodbye. There is no need to pay him anything since he did not complete his probationary period.
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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I understand your concern is how to best conclude the episode. You have written about what action can be taken against him. There is no need to take any action against him, but definitely, you need to take action for him.
I understand he has completed the required joining formalities, and perhaps you have also done the necessary paperwork to enroll him. From a legal perspective, I advise you to accept his resignation, make full and final payment, i.e., pay him for the days he has attended duty, and issue him a relieving letter. This will put you in a safer position, and you can avoid any unforeseen adversity.
If you have any concerns from an "employee engagement" aspect, there is no point in worrying about it since his decision is very hasty and abrupt, hence can be attributed to organizational issues. It's better not to bother about it.
Regards
From India, Mumbai
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I understand he has completed the required joining formalities, and perhaps you have also done the necessary paperwork to enroll him. From a legal perspective, I advise you to accept his resignation, make full and final payment, i.e., pay him for the days he has attended duty, and issue him a relieving letter. This will put you in a safer position, and you can avoid any unforeseen adversity.
If you have any concerns from an "employee engagement" aspect, there is no point in worrying about it since his decision is very hasty and abrupt, hence can be attributed to organizational issues. It's better not to bother about it.
Regards
From India, Mumbai
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Aren't you overcomplicating matters? Despite not signing the letter, he has resigned. He won't turn up for work and won't return. Do you really think holding the threat of non-payment of wages for a "couple" of days will matter? Chalk it up to experience - some you win, some you don't.
A contract of employment can only hold an employee so far.
Best of luck, let it go!
From Australia, Marrickville
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A contract of employment can only hold an employee so far.
Best of luck, let it go!
From Australia, Marrickville
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Dear Neelam, this is not a critical case for HR. If any employee does not want to continue before his/her confirmation, we can't force him/her to continue. In such a case, you may just ask for the reason for leaving. If you can resolve his issue, it will be beneficial for your organization. Otherwise, you have to accept his resignation and provide him with his 2-3 days' salary, if he wants.
Regards,
Sanjeev Gujjar
HR - Executive
From India, Gurgaon
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Regards,
Sanjeev Gujjar
HR - Executive
From India, Gurgaon
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You, as HR, should have had him sign his appointment order on the day of joining. Since he has only worked 3/4 days, and that too without signing the appointment order/letter, your company cannot even claim a reason for his resignation. As long as he has not claimed his salary for the days worked, you cannot hold anything against him.
For any further queries on this or any other matter, please feel free to email me directly at my mail ID since we are one family. My mail ID is [Email Removed For Privacy Reasons].
Regards,
Venkat
From India, Bangalore
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For any further queries on this or any other matter, please feel free to email me directly at my mail ID since we are one family. My mail ID is [Email Removed For Privacy Reasons].
Regards,
Venkat
From India, Bangalore
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Its a HR / Management fault not issued letter of appointment... now cant do anything.. since he hasn’t signed any agreement/ TC with company.
From India, Bangalore
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From India, Bangalore
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What was his position? Did your firm pin high hopes on him? Was he indispensable to your firm? If not, then don't bother. He would have joined another employer who paid him more, or he would have found that your environment was not to his expectations. Therefore, it's not worth pursuing the matter any further. Think of alternatives. This is my opinion.
Regards,
Kumar S.
From India, Bangalore
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Regards,
Kumar S.
From India, Bangalore
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If the appointment letter is received by the employee and acknowledged, then the employer would have a hold on him. In your case, the appointment letter is not received by the person, and naturally, you will not have his consent (in writing) to work in your concern. Literally, there is no way to proceed against him.
Better and the best option is to look for a new competent person.
From India, Bangalore
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Better and the best option is to look for a new competent person.
From India, Bangalore
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As there is no signed document between the employee and the company, there is no need to waste your and management's time in taking action against a person who only worked for 4 days in the company. You mentioned that you did not provide him with an appointment letter, as he could have discussed the terms and conditions with others. However, he could have done so the next day or at a later date.
Learning Experience
Take this as a learning experience and ensure that henceforth all new joiners are not only explained the terms and conditions but also that an appointment letter is issued on day 1.
Regards,
Preetam Deshpande
From India, Mumbai
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Learning Experience
Take this as a learning experience and ensure that henceforth all new joiners are not only explained the terms and conditions but also that an appointment letter is issued on day 1.
Regards,
Preetam Deshpande
From India, Mumbai
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Since the employee has sent the resignation, it means he has given a formal letter to discontinue with the organization. In such a scenario, this cannot be counted as an absconding case. The employee was associated for 7 days with the organization; this should be considered as a "Drop Out" case and should be treated as a no pay, no recovery case. This will not be considered as attrition to the organization and should not be shown in the attrition %.
Regards,
Monica
From India, New Delhi
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Regards,
Monica
From India, New Delhi
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Everyone, Has he been issued a formal appointment order ? No. Then how can he be called an employee ? So where is the question of "employee " TQ shiva
From India, Trivandrum
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From India, Trivandrum
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Dear Neelam. However if he has signed the attendance register maintain that record for any future need that may arise......
From India, New Delhi
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From India, New Delhi
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Dear Siva, The question of issuing or not issuing an appointment letter is secondary for the following reasons:
1. A contract or agreement could be oral also. If it is in writing and consent of the parties is available on records, it is fine. Legally, an oral agreement is also valid.
2. The person in question was in the office, would have signed the attendance register and other documents. They would have entered his name in the entry and exit register and other documents. "By estoppel," he has been an "employee," whether you pay/paid him or not.
So now the question is what to do with him in this scenario? Precisely, it is not worth pursuing him anymore. In case he asks for his pay or any other documents like an appointment or experience letter, then you can handle it differently when the need arises. For the present, to legally or logically close his case, prepare his pay for the days "he worked" and keep in "arrears * unclaimed suspense." There ends the matter.
kumar.s.
From India, Bangalore
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1. A contract or agreement could be oral also. If it is in writing and consent of the parties is available on records, it is fine. Legally, an oral agreement is also valid.
2. The person in question was in the office, would have signed the attendance register and other documents. They would have entered his name in the entry and exit register and other documents. "By estoppel," he has been an "employee," whether you pay/paid him or not.
So now the question is what to do with him in this scenario? Precisely, it is not worth pursuing him anymore. In case he asks for his pay or any other documents like an appointment or experience letter, then you can handle it differently when the need arises. For the present, to legally or logically close his case, prepare his pay for the days "he worked" and keep in "arrears * unclaimed suspense." There ends the matter.
kumar.s.
From India, Bangalore
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Since the employee has not collected the appointment letter and was not ready to discuss the terms and conditions of the appointment, it indicates that he has not agreed to them. Therefore, you can accept his resignation letter and close this chapter as soon as possible. There is no point in wasting your time on him.
From India, Kochi
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From India, Kochi
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You can ask for the reason for leaving because these types of issues keep arising. He must have received an offer from another company, so you can negotiate based on that. If you don't receive a valid reason, there is no need to waste time on an unprofessional candidate. You can start searching for the next candidate.
Thank you.
From India, Howrah
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Thank you.
From India, Howrah
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In my opinion, you have no reason to question the absconded employee as he has not yet received or signed the offer letter and acceptance of employment terms. However, you can definitely investigate the reason for his abrupt departure, which could help improve organizational practices, excluding reasons related to better job opportunities in terms of CTC.
I personally believe it is best to reach out to the person a month after their last appearance to obtain genuine feedback, as by then, they may have settled into a new job and be more willing to disclose information without hesitation.
Importance of Timely Onboarding
I would like to emphasize that onboarding should not be delayed for new employees, even by 3 to 4 days. Better organizational skills can lead to more effective outcomes.
Thank you.
From India, Bangalore
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I personally believe it is best to reach out to the person a month after their last appearance to obtain genuine feedback, as by then, they may have settled into a new job and be more willing to disclose information without hesitation.
Importance of Timely Onboarding
I would like to emphasize that onboarding should not be delayed for new employees, even by 3 to 4 days. Better organizational skills can lead to more effective outcomes.
Thank you.
From India, Bangalore
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I would like to say that in the future, you should try to have the offer letter signed by your selected candidate before he/she joins duty. If he/she resigns within 7 working days from your organization, there may be a genuine reason. According to my experience as an HR professional, this issue often arises due to the attitude of our current employees. If possible, contact him/her and gather the reasons so that you can come up with a permanent solution. Take strict action against those who are behind this type of attitude.
From India, Mumbai
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From India, Mumbai
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