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What to do when your Employee is MIA?


The cover photo for the article, with the text "How to deal with MIA Employee"

Running a business smoothly is like conducting a symphony, and the most crucial players are the individuals who make up your workforce. Your employees are the backbone of your business, intricately tied to productivity and overall output.


But what happens if an employee goes missing i.e. doesn’t show up for work with no prior notice?


According to the Section 15 (2) of the Employment Act 1955, , if an employee is absent from work for more than two (2) consecutive days without prior leave from the employer, the employee will be deemed to have breached his contract of service, unless a reasonable excuse for the absence has been provided or attempted to be provided. This breach, as outlined in Section 13 (2), grants the employer the right to terminate the contract without notice in the case of a wilful breach by the employee.


So, what steps should be taken if the employee is absent from work with authority?


Well, there are several ways to deal with the situation. Here’s an example of what can be done.


Day 1

The employer should reach out to the absent employee through phone or email to inquire about the reason for their absence. If the employee could be reached out to, and the person has a reasonable excuse, the employer should always acknowledge and verify the excuse.

If the employer is unable to contact the employee, the employer could contact their emergency contact (family or friends) for further clarity. If still unable to reach the employee, the employer could issue a warning email.


Day 2

If there’s no response from the employee, the employer may continue their attempt to contact the employee and in addition, issue a warning letter to the employee’s residence demanding an explanation of his/her absence.


Day 3

If there’s still no response from the employee, the employer may issue a termination letter at the end of Day 3. The letter should include a short deadline to explain himself. The letter may further state that if he does not respond, it will be assumed by the company that he is no longer interested in his employment and his contract of employment will come to an end on the deadline.

*(Optional) Issue a letter of demand to the employee if there is any payment or assets to be recovered (i.e.: indemnity, company laptop) by the employer

 

Curious to learn more about navigating employee MIA situations? Feel free to reach out to our team 📞+603 7887 9889 or 📩info@synergy-outsourcing.com.





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