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Current Absconding Process

I have been given a task to prepare a new absconding process for our company. The company where I work is very sales-driven. Often, agents take their salary and then go absconding. As such, now we have this absconding policy whereby we get an absconding agents list from the sales manager. Then we call those agents, and if they don't answer the call, we send them a SHOW CAUSE NOTICE EMAIL. If they do send a reply saying they cannot join us for reasons mentioned by them, OR if they don't reply, we treat them as absconding employees. Thereafter, we deactivate their Official ID.

Request for a New Absconding Process

So kindly help me with the new absconding process because, according to the NEW HEAD, this is not the right practice.

From India, Noida
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Termination Process for Absconding Employees

Termination of an absconding employee should be in accordance with fair labor practices.

First, send the employee a show-cause letter to their permanent address via registered post for absconding, with a timeline of 7 days to rejoin.

Second, if the employee does not respond to the first letter or return to work, send a warning letter to their permanent address via registered post after the initial 7 days.

Following these steps, if the employee still does not respond or return, you may send the termination letter to their permanent address via registered post and ensure to keep copies of all communication letters with Proof of Delivery in the employee's file.

This process aligns with the best practices based on my experience.

Regards, Kul Gaurav Verma


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KK!HR
1593

First of all, are these agents your employees or self-employed contractors? As for self-employed contractors, that means there is no control and supervision of their work; you pay commission based on the volume of their work, and the process you described is okay. But in the case of employees, a more elaborate process is needed. Compliance with the principles of natural justice is necessary. You need to send a clear-cut notice presuming abandonment of service before taking action. The important point is that the notice has to be served on the employee, and you should have proof of it. Sending a registered letter with AD or publishing in a newspaper, all could be tried.

Next, abandonment is a presumption you are drawing based on the absence; there is no concrete proof of it. Nevertheless, if the employee produces evidence to show that there are sufficient and plausible reasons for the absence in question, you should provide for a mechanism to review your decision.

From India, Mumbai
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