Are you an employer!!! Are you the boss of the organization. Have you ever wondered what if your employee doesn’t turn to work the next day…? What if your Employee has not followed a proper norm of getting relieved from organization and is absent from his work place without informing anybody…
Will you treat him absconded… or will you not. Well!!! You cannot take him in first case as an absconded employee. You cannot assume your employee to be absconded and not coming back at all. So how are you going to deal with this issue where the employee has not turned to work. Well go ahead and read the below article.
An employee is treated as absconded only when he is not intended to return to work. When he does not want to continue working and wants to break the contract of employer and employee relationship. But if the employee intends to come back, then he cannot be terminated.
In circumstances where the employee will not return to work, the employer should establish a disciplinary code taking care beforehand by compulsorily incorporating a clause in the appointment letter under termination of service as follows: “In case you remain absent for eight days, it would be deemed that you have abandoned your job and will have no claim to reinstatement or any compensation thereof”
Make every attempt to contact your employee. You can try the following methods to contact your employee.
- Contacting employee telephonically on his cell phone or contacting his residential number. You can also try sending SMS. You can contact employee’s parents or siblings. But make sure he has provided you with their contact numbers at the time of joining.
- You can send a simple e-mail to employee’s personal email ID.
- You can try traditional methods which is posting a letter to his address.
- Sending someone to the employee’s place of residence for his whereabouts.
- Attempting to make a contact with his close relatives (Make sure he has give contact details of one). Making sure your employee provides this information when they start working for you.
- Sending an electronic mail to the employee’s personal email account or his work account if he has remote access.
If the employee does not respond to any of the above ways of your trial to contact him and you haven’t heard any bad news about him then his intention is clear enough that he doesn’t want to turn up to office and termination letter could be sent to him. Remember, in case he is working on any sensitive data, make a point to take action immediately and change passwords and make sure you are not sharing any confidential information to his official Email ID. Also be careful not to share any confidential information instantly to employees at the time of joining.
But there might be a possibility that he may be trapped in a problematic situation like meeting with an accident or in a natural calamity or any case may be. If the employee intends to return back, neither he can be treated as an absconding employee nor can he be terminated. In that situation, you have to give an employee every possible opportunity to explain his reason of absence. But do not forget to back his explanation with a supporting document or witness. If the employee is genuine enough he may give rational and logical reasons.
Always have a record that the employment has ended and keep a record of attempts of contact made to him.
Following a proper norm will help you always to deal with such cases in a proper way.