Dear all,
I am in the manufacturing industry. Recently, I joined HR and am the only person responsible for all work. A few days back, one of our employees left the organization without information and called from home, stating that he will not join. At this point, what should I do? He has worked for 4 days this month. Do we need to deduct the ESI amount from his 4 days' salary and submit it? How should I relieve him from service? Should I terminate him or send him a notice? I tried to persuade him to come once and resign, but he didn't show up. We are not following any standing order act. Please guide me.
Thanks & Regards,
Ashfaque
From India, Gurgaon
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1I am in the manufacturing industry. Recently, I joined HR and am the only person responsible for all work. A few days back, one of our employees left the organization without information and called from home, stating that he will not join. At this point, what should I do? He has worked for 4 days this month. Do we need to deduct the ESI amount from his 4 days' salary and submit it? How should I relieve him from service? Should I terminate him or send him a notice? I tried to persuade him to come once and resign, but he didn't show up. We are not following any standing order act. Please guide me.
Thanks & Regards,
Ashfaque
From India, Gurgaon
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Dear [Recipient's Name],
I am writing to inform you that you have been consistently absent from office duties since [mention the date], without providing any prior intimation. It is imperative that you report to the office on [mention the specific date with a three-day gap]. Failure to do so will result in the removal of your name from the employment records. In the event that you are unable to be present on the specified date, a second reminder will be sent in adherence to the principles of natural justice.
Furthermore, any outstanding payments owed to you will be disbursed via cheque if you choose not to resume your duties.
It is essential to emphasize that many companies today do not overlook such matters. Following the correct procedures is crucial to prevent legal repercussions. As a HR professional, it is vital to diligently adhere to established protocols, despite any perceptions that it may be time-consuming.
Thank you for your attention to this matter.
Sincerely,
Malvina Ashok
From India, Calcutta
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I am writing to inform you that you have been consistently absent from office duties since [mention the date], without providing any prior intimation. It is imperative that you report to the office on [mention the specific date with a three-day gap]. Failure to do so will result in the removal of your name from the employment records. In the event that you are unable to be present on the specified date, a second reminder will be sent in adherence to the principles of natural justice.
Furthermore, any outstanding payments owed to you will be disbursed via cheque if you choose not to resume your duties.
It is essential to emphasize that many companies today do not overlook such matters. Following the correct procedures is crucial to prevent legal repercussions. As a HR professional, it is vital to diligently adhere to established protocols, despite any perceptions that it may be time-consuming.
Thank you for your attention to this matter.
Sincerely,
Malvina Ashok
From India, Calcutta
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When he is not bothered about his 4-day pay, then why are you so worried? Deduct the ESI amount as applicable and give him a notice only. I am sure if he requires his pay, he will definitely come back; if not, then it will be the total profit of the company. Anyways, concentrate on your other HR activities.
Pareejat
From India, Calcutta
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Pareejat
From India, Calcutta
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Dear Ashfaque, Dont worry about this situation. If he is not interested to take his salary, live it. You should contribute his ESI and PF. Regards Geeta
From India, Lucknow
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From India, Lucknow
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Dear Ashfaque, Mr. Malvina Ashok guided u right thing. At the time of making Full & Final you have to deduct ESI + PF according to government rule. Regards Shyam 09999042042
From India, New Delhi
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From India, New Delhi
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Dear Ashfaque,
You can send the warning letter, show cause letter, and finally, you can put the charge sheet on him. After all these steps, you can terminate him from the service according to his appointment letter.
Regards,
Dinesh
From India, Bangalore
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You can send the warning letter, show cause letter, and finally, you can put the charge sheet on him. After all these steps, you can terminate him from the service according to his appointment letter.
Regards,
Dinesh
From India, Bangalore
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Dear Friend,
In my view, if the employee is earning below 10k, he is applicable for ESI. If he is in JM & above level, you can send an Unauthorised Absence Letter to his personal address, and the same should be in his personal file. Alternatively, you can delete/hide his name from the payroll, which would be better. There is no need to face the problems. If you place him in the particular period, you have to show him the attrition list as well. The management will object by observing the circumstances. Just process tactfully and do a favor towards the organization.
From India, Hyderabad
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In my view, if the employee is earning below 10k, he is applicable for ESI. If he is in JM & above level, you can send an Unauthorised Absence Letter to his personal address, and the same should be in his personal file. Alternatively, you can delete/hide his name from the payroll, which would be better. There is no need to face the problems. If you place him in the particular period, you have to show him the attrition list as well. The management will object by observing the circumstances. Just process tactfully and do a favor towards the organization.
From India, Hyderabad
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In the above email, you have not mentioned how many days the employee worked in the organization. If he has been working for a certain number of days and then something sudden happened, you need to send a show-cause letter to his personal address and initiate the process for Employee State Insurance (ESI) for those 4 days as well. (Legally)
From India, Hyderabad
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From India, Hyderabad
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Dear Ashfaque,
Please note that the oral instruction given by an employee cannot be construed as a resignation. In case the employee has any minimum courtesy, he should send his resignation by registered post, stating the reason for his absence from work.
You can send him a notice stating that his absence from work is unauthorized and therefore he is liable to be terminated from the services, and his earnings for the days worked can be confiscated.
Since his service in the organization was only for 4 days, it is considered insignificant, and hence no statutory rules are applicable here.
Thanks and regards,
Raghunath
From India, Bangalore
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Please note that the oral instruction given by an employee cannot be construed as a resignation. In case the employee has any minimum courtesy, he should send his resignation by registered post, stating the reason for his absence from work.
You can send him a notice stating that his absence from work is unauthorized and therefore he is liable to be terminated from the services, and his earnings for the days worked can be confiscated.
Since his service in the organization was only for 4 days, it is considered insignificant, and hence no statutory rules are applicable here.
Thanks and regards,
Raghunath
From India, Bangalore
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Dear all,
I am in the manufacturing industry. Recently, I joined HR and am the only person responsible for all work. A few days back, one of our employees left the organization without information and called from home, stating that he will not join. At this point, what should I do? He has worked for 4 days this month. Do we need to deduct the ESI amount from his 4 days' salary and submit it? How should I relieve him from service? Should I terminate him or send him a notice? I tried to persuade him to come once and resign, but he did not come. We are not following any standing order act. Please guide me.
Thanks and Regards,
Hi, friend. You are saying that the employee has worked for 4 days only; therefore, there is no need to submit an ESI Return for him. Have you given him an appointment letter or not? If you have, then review some clauses and act accordingly. Please provide information regarding the person's job status, whether he is an on-role employee (Trainee/Probation/Confirmation) or an off-role employee. Based on that, we can offer suggestions. Does your company have any ISO certificate? What type of manufacturing industry is it?
B Ram Naveen Kumar
From India, Mumbai
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I am in the manufacturing industry. Recently, I joined HR and am the only person responsible for all work. A few days back, one of our employees left the organization without information and called from home, stating that he will not join. At this point, what should I do? He has worked for 4 days this month. Do we need to deduct the ESI amount from his 4 days' salary and submit it? How should I relieve him from service? Should I terminate him or send him a notice? I tried to persuade him to come once and resign, but he did not come. We are not following any standing order act. Please guide me.
Thanks and Regards,
Hi, friend. You are saying that the employee has worked for 4 days only; therefore, there is no need to submit an ESI Return for him. Have you given him an appointment letter or not? If you have, then review some clauses and act accordingly. Please provide information regarding the person's job status, whether he is an on-role employee (Trainee/Probation/Confirmation) or an off-role employee. Based on that, we can offer suggestions. Does your company have any ISO certificate? What type of manufacturing industry is it?
B Ram Naveen Kumar
From India, Mumbai
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Dear Ashfaque,
The employee who leaves the company without completing his Notice Period is known as absconding. Since he is at fault, the company should not worry. Wait for a while. If he calls you for salary, tell him he is entitled to compensation from the company. I trust he will never call you back.
Regards,
Amita Ninave
From India, Mumbai
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The employee who leaves the company without completing his Notice Period is known as absconding. Since he is at fault, the company should not worry. Wait for a while. If he calls you for salary, tell him he is entitled to compensation from the company. I trust he will never call you back.
Regards,
Amita Ninave
From India, Mumbai
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Dear Ashfaque,
I am sure the employee who has communicated his resignation over the telephone would have received an offer from other companies. Without a relieving order or a service certificate, it is very difficult to secure the new offer. Moreover, the transfer of PF and ESI is a must, so the problem is still under your control. In addition to that, the suggestions given by Mr. Pavan and Mr. Ragunathan have to be implemented.
Regards,
B. Kamala Manohari
From India, Madras
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I am sure the employee who has communicated his resignation over the telephone would have received an offer from other companies. Without a relieving order or a service certificate, it is very difficult to secure the new offer. Moreover, the transfer of PF and ESI is a must, so the problem is still under your control. In addition to that, the suggestions given by Mr. Pavan and Mr. Ragunathan have to be implemented.
Regards,
B. Kamala Manohari
From India, Madras
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In my view, a telegram needs to be sent with a post-copy confirmation by UCP, followed by a registered A/D letter asking him to report immediately failing which necessary action will be initiated against the employee. If you do not hear anything from his end at the end of two weeks, send a letter again stating the date by which he should report. Even if he does not report to duty, then send him a show-cause notice and proceed further.
Correct me if something is missing.
BEST OF LUCK
From India, Mumbai
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Correct me if something is missing.
BEST OF LUCK
From India, Mumbai
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IF YOU DON’T KNOW SIMPLE FUNCTION THEN HOW YOU GOT SELECTED FOR THIS JOB? ITS AMAZING THAT IN INDIA PEOPLE OF YOUR CALIBRE ALSO WORK IN HR AND BEING SELECTED FOR HR JOBS :icon6:
From Saudi Arabia
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From Saudi Arabia
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Dear Ashfaque,
First, you have to confirm whether he is a casual staff, contractual staff, or permanent staff. If he is a casual staff, don't do anything. In the case of contractual/permanent staff, Mr. Malvina Ashok guided you on the right thing. At the time of making Full & Final, you have to deduct ESI + PF according to government rules.
From India, Calcutta
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First, you have to confirm whether he is a casual staff, contractual staff, or permanent staff. If he is a casual staff, don't do anything. In the case of contractual/permanent staff, Mr. Malvina Ashok guided you on the right thing. At the time of making Full & Final, you have to deduct ESI + PF according to government rules.
From India, Calcutta
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Dear Ashfaque,
I would like to update you again that we need to follow our normal process as follows:
1. Take feedback from the concerned department where he has worked.
2. Send letters to his personal address requesting him to come and rejoin the organization. These letters need to be sent twice.
3. Terminate his details from the HRIS citing absconding as the reason.
Regarding PF and ESIC, I would like to confirm whether, at the time of the employee's joining, you filled out Form 10 and NSSN and submitted them to the PF office, as well as to ESIC. If so, you need to calculate the four-day amount and send it to both the PF and ESIC offices. Submit the ER1 form and send the details to the PF office. In the following month, show his details in Forms 5, 10, and 12A, indicating that the employee has resigned or absconded from the services. If you have not submitted the aforementioned documents to the respective departments, please disregard this issue.
I hope this clarifies your doubts. If not, feel free to raise your questions again or contact me via telephone.
Moving on to BADLOOSER, I would like to know where you are from, what experience you have in Human Resources or other departments, and what prompted you to mention my country, "INDIA," in this context. Seeking knowledge to enhance one's skill set is not wrong, in my opinion. If you wish to share your thoughts, please do so; otherwise, feel free to ignore. I believe that by sharing, we can constantly improve our skills.
I have noticed your comments in other emails as well, particularly regarding an employee seeking a change to an HR Manager position, and your response to that individual. Critiquing in such a manner is not conducive to healthy knowledge-sharing. If you prefer not to share, simply view the comments and move on.
If you believe you represent an organization, please refrain from making rude comments. Additionally, I am curious why you consistently write emails in all capital letters. If you are unsure of the implications of writing in all caps, please contact me at the number provided below.
Thank you.
From India, Hyderabad
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I would like to update you again that we need to follow our normal process as follows:
1. Take feedback from the concerned department where he has worked.
2. Send letters to his personal address requesting him to come and rejoin the organization. These letters need to be sent twice.
3. Terminate his details from the HRIS citing absconding as the reason.
Regarding PF and ESIC, I would like to confirm whether, at the time of the employee's joining, you filled out Form 10 and NSSN and submitted them to the PF office, as well as to ESIC. If so, you need to calculate the four-day amount and send it to both the PF and ESIC offices. Submit the ER1 form and send the details to the PF office. In the following month, show his details in Forms 5, 10, and 12A, indicating that the employee has resigned or absconded from the services. If you have not submitted the aforementioned documents to the respective departments, please disregard this issue.
I hope this clarifies your doubts. If not, feel free to raise your questions again or contact me via telephone.
Moving on to BADLOOSER, I would like to know where you are from, what experience you have in Human Resources or other departments, and what prompted you to mention my country, "INDIA," in this context. Seeking knowledge to enhance one's skill set is not wrong, in my opinion. If you wish to share your thoughts, please do so; otherwise, feel free to ignore. I believe that by sharing, we can constantly improve our skills.
I have noticed your comments in other emails as well, particularly regarding an employee seeking a change to an HR Manager position, and your response to that individual. Critiquing in such a manner is not conducive to healthy knowledge-sharing. If you prefer not to share, simply view the comments and move on.
If you believe you represent an organization, please refrain from making rude comments. Additionally, I am curious why you consistently write emails in all capital letters. If you are unsure of the implications of writing in all caps, please contact me at the number provided below.
Thank you.
From India, Hyderabad
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