Dear All,

I am  working as a Sr. Executive - HR in a Retail organization where Attrition ratio of the employees are little bit higher than other industry and most of the case employees left the organization without any information. Pls. let me know how to deal with this situation, If We would like to terminate their services in legal way?

Regards,

Amitav Nanda

First check the appointment letter conditions of termination of job. What are the notice period etc.

If those employees are confirmed / permanent and are absent without any intimation then you should to send letter at their residential address regarding their absence from the office without intimation and action to be action in case of no resonse within 15 days.

Its a accepted form that we should send 3 such letters through registered post with AD.

If there is no response to such letters , you can officially terminate the job of such employees.

Thanks
Kamal Prasoon

If any absconding employee reported after few days of  receiving of 3rd absconding letter with Medical documents (either from ESIC or any MBBS doctor) showing he was admitted in hospital or under treatment during the period of absconding, then what the company should do?

Can we take him back on roll again? If yes, then what should be the process?

If no, why? What will be his date of leaving in the organization? Date of 3rd letter or Date from which the employee was absconding?

Regards,

Amitav Nanda

First point you should know is, if an employee is hospitalised in an ESIC hospital then, the hospital issues two letters, one to the company and other to the ESIC office, giving information of the hospitalisation. This all has to be done within one week from the date of hospitalisation. So if an employee is hospitalised in an ESIC hospital, there is no question company sould not know about this. ESIC doctor/hospital are bound to inform the company through the employee or any one else.

If company is not informed of such hospitalisation....such hospitalisation certificate can be considered as invalid.

As far as other MBBS doctor's report is concerned, instead of just a doctor's certificate you can ask the employee to submit all hospital bills and reports in original or attested copies to verify.

If these documents are geniune then on humanitarian ground you can consider him to take back on roll by taking a medical leave letter from him with all supporting documents.

If documents are not geniune or the employee refuses to submit the documents then its upto the company to terminate his service or not.

If you are terminating the job then the date from which the employee was absconding will be the valid date.

thanks
Kamal Prasoon

So nice of you for your valuable suggestions.

Regards,

Amitav Nanda