Hi, What is the treatment for employees that go Absconding?
These days we all come accross so many such cases hence would like to know how they are treated and what are the legal implications.
Thanks & regards,
Shazneen
From India, Thana
These days we all come accross so many such cases hence would like to know how they are treated and what are the legal implications.
Thanks & regards,
Shazneen
From India, Thana
Hi Shazneen,
In this case what you can do is.... first send across a letter to him stating the fact (like…not reporting from so and so day reply immediately over the phone or letter). If you get no reply from his end… this time (after a week) send across a strong warning letter stating that.... legal action will be taken if he fail to respond in a week time. If no reply again.... consult you legal advisor and send across a legal notice to him.
Make sure all the letter should be communicated to his permanent address.
~Sanjay
From India, Madras
17In this case what you can do is.... first send across a letter to him stating the fact (like…not reporting from so and so day reply immediately over the phone or letter). If you get no reply from his end… this time (after a week) send across a strong warning letter stating that.... legal action will be taken if he fail to respond in a week time. If no reply again.... consult you legal advisor and send across a legal notice to him.
Make sure all the letter should be communicated to his permanent address.
~Sanjay
From India, Madras
Hi Sanjay, Is it Necessary to send the letters to his/her permanent address only. If we dont have , then what we can do? Regards, Surya
From India, Pune
From India, Pune
Hi Surya,
Then is it the employer's (HR) fault if they don’t have the complete info of their employees. When the new hire completing his/her joining formalities it is the HR's responsible to get all the necessary info.
However worst case if the employer doesn’t have the permanent address, probably you can check with his colleagues or friends. Don't give them a feel that you are enquiring about his/her info.
~Sanjay
From India, Madras
Then is it the employer's (HR) fault if they don’t have the complete info of their employees. When the new hire completing his/her joining formalities it is the HR's responsible to get all the necessary info.
However worst case if the employer doesn’t have the permanent address, probably you can check with his colleagues or friends. Don't give them a feel that you are enquiring about his/her info.
~Sanjay
From India, Madras
Hi,
In case you do not have Address you can still make the communication by putting up the Absconding notice on a Local & National newspaper. Keep the record with you for any future reference.
Normally for an Absentee, if he/she is absent for more than 10 days, absence notice is send seeking explanation for absence. Based on the explanation, enquiry is conducted. If he/she is found guilty an opportunity is given to his Union to represent his case and then punishment is awarded. In the initial stage suspension for few days should be enough. You need to build up the case like to this to proof that he is a habitual absentee before terminating his employment. You should always see that punishment is commensurate to the offence committed otherwise the cases goes against the Management in the Labour Courts.
Regards
Subrato
In case you do not have Address you can still make the communication by putting up the Absconding notice on a Local & National newspaper. Keep the record with you for any future reference.
Normally for an Absentee, if he/she is absent for more than 10 days, absence notice is send seeking explanation for absence. Based on the explanation, enquiry is conducted. If he/she is found guilty an opportunity is given to his Union to represent his case and then punishment is awarded. In the initial stage suspension for few days should be enough. You need to build up the case like to this to proof that he is a habitual absentee before terminating his employment. You should always see that punishment is commensurate to the offence committed otherwise the cases goes against the Management in the Labour Courts.
Regards
Subrato
It is the responsibility of the HR department to get the detailed resumes and proof of address etc before the employment.
The concerned in the department need to verify the certificates etc, and also should have a reference cheque prior to the induction. If the person do not have any documentary evidence to expidite as proof of address , opt for minimum two reference persons who is having clear address and means of contacts.
For cases of absconding, the HR department must:
1. Send intimation to the immeidate superior of the person absconding, seeking his advice, if the person is conscutively absent for three days without any information to the HR/department
2. on getting the advice from the immeidate superior, need to send an intimation to his permanent address with copy to all known temporary addresses (7 days) giving further 7 days time for giving causes.
3. If no reply till 14 days, an intimation need be given to the local police who is having jurisdictional authority, even though there is no capital loss to the company, as we do not know what happened to the person.
4. Remove the person from the pay roll subsequently, and keep the settlement ready.
In the other side, if the person is deliberately not reporting for the duty and if not giving any reply to the letters, and if we have clear information that the person is pusposfully avoiding from attending the duties, the services need to be expelled with immediate effect, as per the terms of the employment ( notice period etc)
Sajeev Kumar
The concerned in the department need to verify the certificates etc, and also should have a reference cheque prior to the induction. If the person do not have any documentary evidence to expidite as proof of address , opt for minimum two reference persons who is having clear address and means of contacts.
For cases of absconding, the HR department must:
1. Send intimation to the immeidate superior of the person absconding, seeking his advice, if the person is conscutively absent for three days without any information to the HR/department
2. on getting the advice from the immeidate superior, need to send an intimation to his permanent address with copy to all known temporary addresses (7 days) giving further 7 days time for giving causes.
3. If no reply till 14 days, an intimation need be given to the local police who is having jurisdictional authority, even though there is no capital loss to the company, as we do not know what happened to the person.
4. Remove the person from the pay roll subsequently, and keep the settlement ready.
In the other side, if the person is deliberately not reporting for the duty and if not giving any reply to the letters, and if we have clear information that the person is pusposfully avoiding from attending the duties, the services need to be expelled with immediate effect, as per the terms of the employment ( notice period etc)
Sajeev Kumar
Hi Shazeen,
I have been sucessful in putting hold on this and would like to share my experience with you
a) We make new joiners to the organization fill detailed personal record form were in apart from the general data we have a column called as "Emergency contact number", here the employee has to give two such numbers with contact person name .
The same is updated on quaterly basis incase of any changes.
advantage: Company has complete and updated info. on employee
b) Leave application format: This form makes the employee give information like "place of visit", address and contact details.
Now the benefit of this,
We had an employee who left the Organization after taking the salary for the month and never came back we followed all the norms mentioned below but couldn't gain sucess then the leave format had the number of his inlaws house, We contacted him there too but the family members inspite of co-operating started behaving wiered, Still keeping in good faith we spoke with them twice to thrice and then warned them that a police FIR will be filed as
- Being an empoyee of one Organization he cannot be working else where as he was not relieved.
- He had the Keys of the drawers.
- He had not completed the basic norms of relieving......
the result was the employee got in touch with us and paid us the notice period , returned all the documents he had of the Company.
The impact : Since we kept our PM involved in all the proceeding and we had there cooperation, the other employee took it as a postiive measure then getting into negative aftermaths.
regards,
Veena
From India, Bangalore
I have been sucessful in putting hold on this and would like to share my experience with you
a) We make new joiners to the organization fill detailed personal record form were in apart from the general data we have a column called as "Emergency contact number", here the employee has to give two such numbers with contact person name .
The same is updated on quaterly basis incase of any changes.
advantage: Company has complete and updated info. on employee
b) Leave application format: This form makes the employee give information like "place of visit", address and contact details.
Now the benefit of this,
We had an employee who left the Organization after taking the salary for the month and never came back we followed all the norms mentioned below but couldn't gain sucess then the leave format had the number of his inlaws house, We contacted him there too but the family members inspite of co-operating started behaving wiered, Still keeping in good faith we spoke with them twice to thrice and then warned them that a police FIR will be filed as
- Being an empoyee of one Organization he cannot be working else where as he was not relieved.
- He had the Keys of the drawers.
- He had not completed the basic norms of relieving......
the result was the employee got in touch with us and paid us the notice period , returned all the documents he had of the Company.
The impact : Since we kept our PM involved in all the proceeding and we had there cooperation, the other employee took it as a postiive measure then getting into negative aftermaths.
regards,
Veena
From India, Bangalore
Hi Al,
Definitely to a certain extent the absconding rate can be reduced..
A thought came to my mind... If we all start posting the list of such absconding employees on the site so that everyone could get a brief list of all such employees (with photograph as well)
Please let me know your views.
Thanks
Sachin
From India, Pune
Definitely to a certain extent the absconding rate can be reduced..
A thought came to my mind... If we all start posting the list of such absconding employees on the site so that everyone could get a brief list of all such employees (with photograph as well)
Please let me know your views.
Thanks
Sachin
From India, Pune
hi!
If the employee do not report or be absent for one week without informing anyone.,in this case the company can send a register letter to the employee and ask him to report immediately to company on so and so date.The company should send 3 letter after every seven days and even if the employee is not reporting then the company should terminate
the employee from the company by sending a letter of termination to hte employee.
Regards,
Trupti :P
From India, Pune
If the employee do not report or be absent for one week without informing anyone.,in this case the company can send a register letter to the employee and ask him to report immediately to company on so and so date.The company should send 3 letter after every seven days and even if the employee is not reporting then the company should terminate
the employee from the company by sending a letter of termination to hte employee.
Regards,
Trupti :P
From India, Pune
Hi Shazneen,
The problem can be dealt at two stages:
A) At the time of joining the organization all the relevant information such as temporary address, permanent address, residence phone, references, personal bond, Surety, etc. can be taken. If required background checks can also be resorted to.
B) With the above information on hand, the registered letters can be sent to his addresses as per company's records to report for work immediately. After sending a couple of letters, termination letter can be got pasted on his door with signatures of two witnesses. Alternately, his/her photo and termination notice can be published in two prominant local newspapers. If the employee has executed any personal bond and/or surety, company can proceed legally to recover the compensation/money.
Thanks,
Regards,
V.Nanda Kumar
From Taiwan, Keelung
The problem can be dealt at two stages:
A) At the time of joining the organization all the relevant information such as temporary address, permanent address, residence phone, references, personal bond, Surety, etc. can be taken. If required background checks can also be resorted to.
B) With the above information on hand, the registered letters can be sent to his addresses as per company's records to report for work immediately. After sending a couple of letters, termination letter can be got pasted on his door with signatures of two witnesses. Alternately, his/her photo and termination notice can be published in two prominant local newspapers. If the employee has executed any personal bond and/or surety, company can proceed legally to recover the compensation/money.
Thanks,
Regards,
V.Nanda Kumar
From Taiwan, Keelung
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