Hi Kshama,
Appreciate your anguish. However the answer on your quarry of action is more or less what others are saying
1. The employee relation with employer is dictated by the contract of employement so you can send him a notice of absence refering to his contract
2. Give him reasonable time and send him loss of lien letter.
3. Hold his full & final settlement
4. If he has taken any material or valuable information, then you can file police complain as well.
Regards
Dipol
From India, Delhi
3Appreciate your anguish. However the answer on your quarry of action is more or less what others are saying
1. The employee relation with employer is dictated by the contract of employement so you can send him a notice of absence refering to his contract
2. Give him reasonable time and send him loss of lien letter.
3. Hold his full & final settlement
4. If he has taken any material or valuable information, then you can file police complain as well.
Regards
Dipol
From India, Delhi
Dear Kshma.
First u have to find out why he has left ? U can talk to hom over phone. U have also not given his employment status. Means which position he was and whether on Probation or confirmed employee. If at all he is not responding it is required to issue a show cause notice / charge sheet seeking his explanation. In other words proceed for Disciplinary Action in order to be in safer side. If u directly issue Termination letter he may go to the court of law. Take immediate action.
Regards
Nirmal
First u have to find out why he has left ? U can talk to hom over phone. U have also not given his employment status. Means which position he was and whether on Probation or confirmed employee. If at all he is not responding it is required to issue a show cause notice / charge sheet seeking his explanation. In other words proceed for Disciplinary Action in order to be in safer side. If u directly issue Termination letter he may go to the court of law. Take immediate action.
Regards
Nirmal
hi
First of all be clear that PF cannot be stopped under any circumstanaces. Send a registered notice of unauthorised absence just after 7 days from the date of absence asking to report within 3 days, then a second notice specifying that if the person does not respond the services will be terminated within 48 hours and then issue the termination letter. In case of termination except PF i.e Bonus, Leave encashment and last salary if not already paid can be liened. As in this case it has already been paid you can simply adjust bonus, leave encashment and gratuity if the person has served for more than 5 years.
It is a bitter truth that most of us, the HR people do not bother to take NOC or relieving from the last work place of the new employee as a result of which such people get away by doing this kind of action everywhere. Yes if he/she did with the last employer then be sure a repeat will be done with you also. The HR community has to be strong and unbending on certain issues like making submission of relieving mandatory & doing a credit verification from the previous employer before letting a person join.
shilpi
From India, Thana
First of all be clear that PF cannot be stopped under any circumstanaces. Send a registered notice of unauthorised absence just after 7 days from the date of absence asking to report within 3 days, then a second notice specifying that if the person does not respond the services will be terminated within 48 hours and then issue the termination letter. In case of termination except PF i.e Bonus, Leave encashment and last salary if not already paid can be liened. As in this case it has already been paid you can simply adjust bonus, leave encashment and gratuity if the person has served for more than 5 years.
It is a bitter truth that most of us, the HR people do not bother to take NOC or relieving from the last work place of the new employee as a result of which such people get away by doing this kind of action everywhere. Yes if he/she did with the last employer then be sure a repeat will be done with you also. The HR community has to be strong and unbending on certain issues like making submission of relieving mandatory & doing a credit verification from the previous employer before letting a person join.
shilpi
From India, Thana
Hello !!!
It's OK. As per you records, he is absenting from duty. Send him letter asking him to resume duties in next 4 days ( which certainly he is NOT going to do). Send him next 2 - 3 letters with same request and just remove his name from your muster roll as ' He has abundant' his services. There is no need of issuing 'Termination Letter'. Further, you can deduct appropriate amount of his salary (in lieu of Notice) from his 'Final settlement of dues'.
Vishwa
It's OK. As per you records, he is absenting from duty. Send him letter asking him to resume duties in next 4 days ( which certainly he is NOT going to do). Send him next 2 - 3 letters with same request and just remove his name from your muster roll as ' He has abundant' his services. There is no need of issuing 'Termination Letter'. Further, you can deduct appropriate amount of his salary (in lieu of Notice) from his 'Final settlement of dues'.
Vishwa
Hi,
We can initiate disciplinary action agains him/her also conduct domestic inquiry aginst him or her, untill and unless employee is through with that he is not releived from services and employee can not take any assignment in any company, and it is new company's reposiblity to ensure that he or she is releived from previous employer.
Bye
From India, Ahmadabad
We can initiate disciplinary action agains him/her also conduct domestic inquiry aginst him or her, untill and unless employee is through with that he is not releived from services and employee can not take any assignment in any company, and it is new company's reposiblity to ensure that he or she is releived from previous employer.
Bye
From India, Ahmadabad
Hii Shama,
According to me as the employee has left the organisation without prior intimation so its no point in wasting time behind that employee my suggestion is that you can send him a letter mentioning that serve your resignation letter. Still if you don't get any response you can send his termination letter. Secondly if you know the current employment where he is working you can contact them and tell them about the employee. In current situation there are many companies who are doing Background verification for the employee, and if you receive the same for the employee you can give your comments which will affect his current job and will definately revert back to you.
Hope this will help you.
Regards
Sushil..
From India, Mumbai
According to me as the employee has left the organisation without prior intimation so its no point in wasting time behind that employee my suggestion is that you can send him a letter mentioning that serve your resignation letter. Still if you don't get any response you can send his termination letter. Secondly if you know the current employment where he is working you can contact them and tell them about the employee. In current situation there are many companies who are doing Background verification for the employee, and if you receive the same for the employee you can give your comments which will affect his current job and will definately revert back to you.
Hope this will help you.
Regards
Sushil..
From India, Mumbai
Hi all,
Referring the topic please find enclosed an article from Hindu
Business Line which we really require to ponder upon and break our head
It's not that easy to trace these absconders and book them i request
seniors to suggest on same and put it in a step.
From India, Mumbai
Referring the topic please find enclosed an article from Hindu
Business Line which we really require to ponder upon and break our head
It's not that easy to trace these absconders and book them i request
seniors to suggest on same and put it in a step.
From India, Mumbai
Sorry i Forgot to attach the link one can go through this too.
http://www.blonnet.com/2007/06/15/st...1500690900.htm
Cheers!!!!
Pramod
From India, Mumbai
http://www.blonnet.com/2007/06/15/st...1500690900.htm
Cheers!!!!
Pramod
From India, Mumbai
Dear Friends,
I faced the similar situation very recently.
Our's is a software Dev firm. One of our employees left the company jst sending me his resignation letter when he left for the day on his last working day. It was just the day when the salary was deposited to the bank. I couldnt request a stop payment as we waited for him for a day thinking that he might come back the next day to collect his documents.
He didnt serve his 1 month notice period and after that he never turned up. He even changed his mobile number. Later through one of our other employee we came to know that he got another job and he is joining that company within a day. We have no clue which company he's in and he got his salary which he was not supposed to be paid as he didnt serve his notice, according to our company policy.
We are trying to trace his current company.
I even doubt he might have produced duplicate documents to his current employer.. Just to note that we had frequent problems with the employee and he had been verbally warned couple of times.
I do not want to leave his case just like that and make a fool out of me.
Any suggestions to take it further?... it might be really helpful to us.
Thanks
binzy
From India, Bangalore
I faced the similar situation very recently.
Our's is a software Dev firm. One of our employees left the company jst sending me his resignation letter when he left for the day on his last working day. It was just the day when the salary was deposited to the bank. I couldnt request a stop payment as we waited for him for a day thinking that he might come back the next day to collect his documents.
He didnt serve his 1 month notice period and after that he never turned up. He even changed his mobile number. Later through one of our other employee we came to know that he got another job and he is joining that company within a day. We have no clue which company he's in and he got his salary which he was not supposed to be paid as he didnt serve his notice, according to our company policy.
We are trying to trace his current company.
I even doubt he might have produced duplicate documents to his current employer.. Just to note that we had frequent problems with the employee and he had been verbally warned couple of times.
I do not want to leave his case just like that and make a fool out of me.
Any suggestions to take it further?... it might be really helpful to us.
Thanks
binzy
From India, Bangalore
Dear Kshama,
It is advisable to send show cause notice for not attending duty thru' RPAD and wait for his explanations within 7 days. If there is no revert on his side, you can terminate his services, since not attending duty with out prior permission is a serious misconduct of an employee. More than 8days of absence is subject to termination of an employee, which is legally enforceable.
Holding/ not processing of PF will invite trouble with the PF office & legally not possible.
Rgds,
Suresh Ramalingam
From India, Mumbai
It is advisable to send show cause notice for not attending duty thru' RPAD and wait for his explanations within 7 days. If there is no revert on his side, you can terminate his services, since not attending duty with out prior permission is a serious misconduct of an employee. More than 8days of absence is subject to termination of an employee, which is legally enforceable.
Holding/ not processing of PF will invite trouble with the PF office & legally not possible.
Rgds,
Suresh Ramalingam
From India, Mumbai
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