Hi!
One of the employees in my organization has not been reporting for more than 2 months now, saying that she has certain health reasons.
Prior to that, she had not been reporting regularly. Her offer letter mentions a 2-month notice period from both sides.
Our team was very busy with an event in March, and hence we were not able to speak to her properly nor issue any warning or take further steps.
Now the Company Management has taken the decision to terminate her services as there were no formal updates from her end. But before issuing any notice, as the HR, we spoke to her and she now said she wants to resume work.
What should we do in this case as the management is very clear that they don't want to continue with her?
I would love to understand if any of you all have faced a similar issue and/or advice on how to work around this matter.
From India, Mumbai
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One of the employees in my organization has not been reporting for more than 2 months now, saying that she has certain health reasons.
Prior to that, she had not been reporting regularly. Her offer letter mentions a 2-month notice period from both sides.
Our team was very busy with an event in March, and hence we were not able to speak to her properly nor issue any warning or take further steps.
Now the Company Management has taken the decision to terminate her services as there were no formal updates from her end. But before issuing any notice, as the HR, we spoke to her and she now said she wants to resume work.
What should we do in this case as the management is very clear that they don't want to continue with her?
I would love to understand if any of you all have faced a similar issue and/or advice on how to work around this matter.
From India, Mumbai
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The fault is with you only. Whatever the situation in the office, you should not have ignored an employee not coming to work. What was your HR person doing all these days? If the employee has not reported, it should be the HR person who should initiate an inquiry into it. It could be for genuine reasons that she absented herself. It is not necessary that the employee should take the initiative to inform her absence. If she had not informed the leave, the same is only a minor misconduct, but major negligence has been from your HR person's side.
Now, if she is willing to resume work, she should be allowed to come to the office. The maximum that you can do is to issue a show cause notice and ask her to explain why action, including termination from service, should not be initiated against her for her absence. If she could establish that she was in such a position that she could not communicate her leave, what action can you take? Suppose if she says that when she was facing health issues, why did the HR not visit her? Is this the way in which an HR should act when an employee is not keeping well?
I would say that you can issue a charge sheet to the employee as well as the HR persons in charge. On the part of the HR person, there is clear dereliction of duty. First, let him face the inquiry, then take a call against the employee.
The remedy available is to give a warning letter stating that this is the last warning and in the future, this kind of attitude will not be tolerated. Give her one chance and see if she improves. If her absence was genuine, she would correct herself, and if not genuine, she will repeat it again. At that point in time, based on precedence, you can terminate her. Without giving her an opportunity, it will be unfair to terminate her now.
From India, Kannur
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4758Now, if she is willing to resume work, she should be allowed to come to the office. The maximum that you can do is to issue a show cause notice and ask her to explain why action, including termination from service, should not be initiated against her for her absence. If she could establish that she was in such a position that she could not communicate her leave, what action can you take? Suppose if she says that when she was facing health issues, why did the HR not visit her? Is this the way in which an HR should act when an employee is not keeping well?
I would say that you can issue a charge sheet to the employee as well as the HR persons in charge. On the part of the HR person, there is clear dereliction of duty. First, let him face the inquiry, then take a call against the employee.
The remedy available is to give a warning letter stating that this is the last warning and in the future, this kind of attitude will not be tolerated. Give her one chance and see if she improves. If her absence was genuine, she would correct herself, and if not genuine, she will repeat it again. At that point in time, based on precedence, you can terminate her. Without giving her an opportunity, it will be unfair to terminate her now.
From India, Kannur
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I would like to say that she must notify HR or her line manager by email or phone. As mentioned by Madhu, the HR representative's fault is greater for not contacting her regarding her attendance. If her attendance is consistently absent, the HR should take action at the end of the month or upon receiving an absent report from the timekeeper. The HR person should follow the company's standard operating procedure by issuing a warning letter. Before considering termination, they should consult her line manager to review her work track record and performance. Is this an isolated incident of sudden leave? They should analyze the situation and provide feedback considering responsibilities on both sides. It is important to give her a chance to respond to a warning letter with deductions for her absences. Terminating her immediately would be unfair. As suggested by Madhu, she should be given a second chance based on her future performance and punctuality. If her performance and punctuality do not improve, then termination may be considered. Thank you.
From India, Noida
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From India, Noida
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. According to labor laws, termination should follow a fair process. No warning letter or deductions can be issued without proper investigation and communication. It's crucial to document everything and give the employee a chance to improve before termination.