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mini (XYZ)     14 February 2014

Absconding cases -termiantion date should be effective?

Hi,

 

I work in one of the MNC company as a HR Business partner and i need and help in absconding date!

1)For e.g If an employees absconds the company for last 10 days from for e.g.not reporting 1st jan'14 - 10-jan'14)and we issue with warning letters & finally termination with in the period? what should i take the last working date to payroll or in HR records as 1st jan or 10th Jan?

2) can i send the warning letters to the personal email id mentioned in their resume?

 

Awaiting for your reply.

 

Thanks

Padmini



Learning

 3 Replies

Kumar Doab (FIN)     14 February 2014

It is felt that: It should be from last day in office and certified copy/original should be sent by redg. Post with AD and copy should be maintained in personnel file in office.

Abscondment is a derogatory word. It is a charge.

It needs to be proved that employee absconded, which in majority of the cases may not be easy.

Majority of the employers nowadays want matters to be handled by HR even if it has legal points.

HR personnel like any other employer subscribe to the tantrums of the employers as they also want to retain their jobs.

Majority of the employers do not empower all HR personnel to sign o the letterheads and use seal of the company. Hence such HR personnel have no other option but to send email.

By sending email HR personnel make themselves a party.

If it is a case of resignation with/without notice then you may note that as per Supreme Court of India judgments also permission or acceptance of resignation is not required. Once employee has tendered resignation he/she has ended the employer/employee relationship.

There are many threads on it that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Company-not-accepting-notice-period-97398.asp#.UvuLCUeBmXU

 

Many of the HR personnel ask in threads, by PM that should they block relieving letter, FNF, Form 16, attestation of PF forms, Gratuity and invariably they have been advised::::::::NO. Don’t become a party to unlawful, unfair, illegal, practices and become a party.

Employers designate HR personnel in writing and for their convenience so that if the need be there is someone to blame::::::: a scapegoat.

Rest is up to you and you may proceed further as deemed fit at your end.

 

 

 

 

 

1 Like

mini (XYZ)     14 February 2014

Thank you so much for Quick reply..appreciate your response Mr.Kumar,

 

I was wondering is there anywhere it is documented or any section No that last day would be the physically present in the company by an employee?

 

Thanks!

Padmini

Sudhir Kumar, Advocate (Advocate)     15 February 2014

termination will not be retrospective. It will be from the date of order after fulfilling procedure.

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