Employee on leave joins another job - what procedure do we follow?

Kindly, advise me on the query below.

One of our employees has gone on leave, but according to sources, we have come to know that she has already joined another organization without any intimation to us.

So, my question is, can we send a termination letter, or do we have to follow other procedures?

Please do not act on hearsay or rumors. These are things done by small companies that have no HR policies. Please wait for communication from the employee and take appropriate action. If there is no communication even after a reasonable period of time, then take action for Unauthorized Absenteeism and proceed accordingly. Yes, you have to FOLLOW THE PROCEDURE instead of acting trigger-happy.

Hi,

Sources can be used as references only; they should not be taken seriously, but you can just keep a note. If there is a law in India that states if an employee is absent for, let's say, 10 continuous days, HR can send a postal letter to the employee's permanent address asking for the reasons for not attending work. Always pursue the legal way. A termination letter should be the last resort.

Regards,
Shallohal

Dear Anamika,

Wait for completion of sanctioned leave. Thereafter, if the employee remains absent, send a letter to the employee to report for duty. Issuing a termination letter without sufficient evidence may invite trouble.

Hi colleague,

As per the legal position, any employee overstaying sanctioned leave for more than 10 days without intimation and/or sufficient reasons is liable to be treated as having voluntarily abandoned the job. Before taking action based on this, send her a letter stating her act of overstaying without intimation and sufficient reasons is in breach of service conditions. Require her to report forthwith and explain the reasons for the overstayal. Failing this, she would be treated as having voluntarily left the job.

If she has joined another company as per your information, she is unlikely to return, and you can then consider her as having abandoned the job, striking her name off the rolls.

You may resort to termination only if you have dependable documentary evidence.

Regards,
V.L. Nagarkar
HR Consultant

1. Do you have concrete evidence like the name of the company, date of joining, position, etc.?

2. If yes, first speak to the HR there and understand their side of the story.

3. Decide, what do you want to do? Do you want the employee back, or do you want the employee to be sacked?

4. For how long has the employee worked with your company?

With Warm Regards,

Bharat Gera
HR Consultant

Hi,

The bottom line is the employee has not rejoined after sanctioned leave. Whether she has joined another company, is planning to join, or has gone on holiday abroad is not the focus at this stage. I agree with Mr. Nagarkar. I will only add that if the employee falls into the workman category, a departmental inquiry is desirable before termination.

Anil Raina
HR & Admin
Interocean Shipping Group
Mob: 9810180148

Hi,

Furthermore, if the appointment letter clearly mentions that the employee will not take up any job with another company during the term of employment with you, and if you have sufficient documentary evidence to prove the same, you can file a criminal complaint against her for "breach of trust."

Anil Raina

Dear Anon,

You have to issue him a show cause notice if he was a permanent employee to his permanent and local address. Also, send an email asking him to show cause as to why disciplinary action should not be taken for his unauthorized absence if he is continuously absent for more than 10 days. Thereafter, you have to conduct an inquiry by following proper procedure wherein give him an opportunity to participate. Then, after receiving the EO report, you have to send him a copy and then dismiss him from the services.