Leaving The Co. Without Any Intimation - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Ukmitra
Business Development, Employee Relations,
Iinfrasolservices
Hr & Back End Operations
Sbaliarsingh
Security, Para Legal
+3 Others

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Hello All,
Greetings!
Current i am facing problem :(
One of our employee left the company without any intimation. Our client data is with him only. from last 15-20 days we tried his no. but we could not reach him, we sent him official letter, but there was no reply. We want to take legal action on him, it is b'coz as per co. policy he is required to serve 1 month notice period or pay back.
Plz suggest me the possible solution.
Thanks & Regards.
Nikita.

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I think Your Company Head just has a Skull on his shoulders......Does anyone give a Database without a secure backup of the same?.....and in every organization most people leave without intimation or at the last minute inform about it...so this is the norm rather than an exception....hopefully he should reply to your notice letters else take help of the police (mind you in our country taking legal help is a curse rather than a boon!)...rgrds
Dear Nikita,
Absconding away with company or client database is an offense and punishable under our Law, and you should immediately lodge a police complaint against the staff, at your nearest police station.
Also, immediately publish the photo of the absconding employee in the leading newspaper. Do mention in the advertisement that he has choice to surrender immediately, to avoid any legal or future damage to his career.
Have your Administration Staff also visit his home address to check on him.
Always remember, and give little room and space on such cases for the employee, as I have in my past experience a similar case, where the employee was not traceable, and later was found to be dead in an accident, when the police reached their home based on the complaint.
Do it with care and with presence of mind.
All the best, and hope this is helpful.
Regards
ukmitra
QUOTE=hrnikita;1214707]Hello All,
Greetings!
Current i am facing problem :(
One of our employee left the company without any intimation. Our client data is with him only. from last 15-20 days we tried his no. but we could not reach him, we sent him official letter, but there was no reply. We want to take legal action on him, it is b'coz as per co. policy he is required to serve 1 month notice period or pay back.
Plz suggest me the possible solution.
Thanks & Regards.
Nikita.
[/QUOTE]
To my knowledge...this is a punishable offence and you should take the help of the police. But in any case please make sure that such a measue or step does not spoil the life or career of that employee. You should first warn him by just contacting to police and after that only make it public- like through advertisements and all.
hello all,
thanks for your suggestions,
Yes we will take care of not spoiling the employee career,
For now we have send legal notice from our Advocate.
Let's see what will be the consequences
Thanks & Regards,
Dear Nikita,
Abandonment of employment is not an offence under any circumstances. Learned members of this forum, who have expressed their opinion that way should have quoted the valid reference of some act of IPC.
You can take police action only if you are in position to prove that the client database is under his custody and this is illegal possession after his abandonment of employment. Who handed over him this database? Has the employee in question who has ran away, signed for receipt of this database? Do you have proof for this?
If in the normal course of his duties, clients' database gets generated if he were the custodian of this database, then have you taken any written undertaking from him that at the time of separation from company it is mandatory to handover this database? If not then your case will become weak.
Ok...
DVD
dear nikitha,
Absconding away with company or client database is an offense and punishable under our Law, and you should immediately lodge a police complaint against the staff, at your nearest police station.
Also, immediately publish the photo of the absconding employee in the leading newspaper. Do mention in the advertisement that he has choice to surrender immediately, to avoid any legal or future damage to his career.
Have your Administration Staff also visit his home address to check on him.
should be careful before handling this type of issues
regards,
v.p.vijay avinas
HR MANAGER
Dear Vijay Avinas,
You have said that "Absconding away with company or client database is an offense and punishable under our Law, and you should immediately lodge a police complaint against the staff, at your nearest police station".

Can you please elucidate under what section IPC the offence is punishable? If police were to book the alleged defaulter, they can book under what section of IPC ?
Education on the above matter will help all other members of this forum.
Thanks,
DVD
Dont lodge any police complaint or publish photographs in the newspaper.
1. No police complaint- because leaving the company without intimation does not amount to criminal offence. This has legal civil liabilities. You can only take action as stipulated in the service contract- may be violation of contract in a civil suite. But Indian Contract Act has always exceptions for violation.
2. Secondly about publication of photo- Dont do that till you finish the Notice period. The employee might have some valid and reasonable reason for not coming to office.
Nikita, it is advisable not to proceed with any legal action if the employee is not facing any proceedings at the time of his leaving the organisation.
By the way, why you want to initiate legal proceeding against the employee. This will have negative impact on the organisation. Let the employee be happy and you do your work as business enterprise rather than doining policing job.
Many employees' do lack the loyalty factor, they want fast buck, quick elevations, not willing to go through a certain grind. In my opinion, any employee vanishes without any iota of msg, we would prefer to lodge a police complaint saying that the employee is "missing", more so, if the employee if a female. This will be done only if the employee is not at all responding to the phone calls, house locked, neighbors not willing to or not knowing anything. Then in the interest of employee, HR can lodge a police complaint on the thought that employee may have met with accident, kidnapped, or had faced some criminal attack in any form.
There is nothing wrong in lodging a police case as "missing person", not to worry about which Section of IPC.
Sridhar
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