Our company has a policy to declare employees absconded if he/she remains unavailable or absent from duty for a period exceeding 7 days?
Also if an employee ( on ad hoc basis, temporary, probationer) leaves the job with a notice of period lesser than one month then he is declared absconded. What are the consequences and validity of the same and can such employee challenge this decision of employer ?
From India, Jaipur
1Also if an employee ( on ad hoc basis, temporary, probationer) leaves the job with a notice of period lesser than one month then he is declared absconded. What are the consequences and validity of the same and can such employee challenge this decision of employer ?
From India, Jaipur
No validilty. It seems that you follow this practice for your own sake of Satisfaction rather observing regulations laid by the LAW.
From India, Pune
From India, Pune
Had this 'Abscond' clause mentioned in the offer letter clearly and you have his acceptance to the same, employee has very little grounds.
If no such clause is mentioned in offer letter, then if an employee remain absent for 15 days, you cannot terminate without proper notice. A permanent employee can go to court if he is terminated without notice.
As per law, you need to send a notice through regd. post / speed post asking him to report to duty before said date. The letter should clearly mention that, if he doesn't turn up, his employment would be terminated. In the event of letter not being served due to reasons like Wrong address, Addressee refused to collect etc., you can send an email at the ID at the time of joining. On the expiry of the said period, you can terminate him. Termination letter has to be sent via post or email
Employees submitting proper resignation letter cannot be termed 'Absconded'. At the most, the organization can hold his relieving letter.
From India, Madras
If no such clause is mentioned in offer letter, then if an employee remain absent for 15 days, you cannot terminate without proper notice. A permanent employee can go to court if he is terminated without notice.
As per law, you need to send a notice through regd. post / speed post asking him to report to duty before said date. The letter should clearly mention that, if he doesn't turn up, his employment would be terminated. In the event of letter not being served due to reasons like Wrong address, Addressee refused to collect etc., you can send an email at the ID at the time of joining. On the expiry of the said period, you can terminate him. Termination letter has to be sent via post or email
Employees submitting proper resignation letter cannot be termed 'Absconded'. At the most, the organization can hold his relieving letter.
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
