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Mohana Sundaram (Manager - Corporate HR)     13 January 2014

Regd: relieving order

Dear members,

I am new to this Forum. I am very much delighted to be a part of this forum. Being a HR professional I strongly believe i would get lots of help from different members and if possible i would also give my suggestions as per my knowledge. 

Our company have a branch where they are doing the training & placement service and consulting service.

I have couple of questions related to that.

1) How to send a legal notice to employees who got absconded from work in Client place.

2) Client by itself asked few persons to get relieved. Would it be considered as general resignation and are we supposed to give them the relieving order.

 

Regards

R. Mohana Sundaram



Learning

 1 Replies

Kumar Doab (FIN)     13 January 2014

It is good to note that you are aiming to initiate good HR practices.

Your establishment/branch should be covered under (Name of the state) Shops and Commercial Establishments Act and as per this enactment also employer should issue appointment letter and thus observe good HR practices.

Standing Orders (cetified/model) may also be applicable to your establishment. There are many threads on it which you may find relevant e.g;

https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UtKr1dIW1MA 

If you have deputed your employees at your client’s establishment they shall continue to be your employee and if the client has asked them to leave its establishment then they shall come back to you and you have to provide wages and tasks to them or they may succeed to claim retrenchment, lay off compensation.......................



Since client is not their employer your client can not terminate or relieve them from employment.

You or your client can not ask/demand/extract resignation.....................................it can be termed offence.

IN case the employee has absconded then first of all being HR personnel you may scratch and dig to find the basic reason ‘Why the employees’ resort to absconment?

In case the employee absconds the employer may issue communications then show cause notice by redg. post and even advt. in paper and later terminate as per process...................................and complete the process.


If the order of termination is bad the onus is on employer.


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