Legal Action Against An Absconding Employee - CiteHR
SUNITA ROY
Manager
Nathrao
Insolvency N Gst Professional
Venkatraghavanm
Ir, Er, Payroll, Recruitment,
+2 Others

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Hi,
I work in an IT firm and an employee absconded from the organization. What legal actions can we take against the employee?
In our organization, if an employee wants to quit, then he/she has to serve the notice period of 2 months. Also, at the time of joining the employee has to sign the bond for a period of 1 year. The employee who absconded neither served the notice period not completed one year with the company. What can be done in this case?
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Dear Poornima Rao,
First of all we all have to understand that the bond system is abolished in india and it is against law. So you cannot take any legal action due to his not ful filling his bond.
Second regarding the notice period as per the Industrial Act an employee has a right to resign the job at any time. The only thing is that due to his resigning there should be an extra ordinary loss caused to the company. If such loss is caused then you can approach the civil court.
Meharunisha Basima BA(Law) LLM,
HR Manager (Legal & Compliance)
Labournet Law Consultancy,
Labour Net,
8129016649
Ms Poornima Rao

Please check up with the copy of appointment order already received by the absconding employee, whether as per the terms of the same any amount is payable to the company, if leaving service before completing one year service or only 2 months notice pay alone is payable.

As there is no resignation, a letter advising to report for duty to be sent by RPAD to his last known address intimating that he would be liable for further legal action if does not report for duty immediately or if he wants should submit resignation letter along with 2 months notice amount by DD in favour of company. If the RPAD letter is received and if there was no response or in case of refusal to receive the RPAD letter, an advocate notice is to be sent reiterating the above points.

Since this is a time consuming process it has to be decided whether it is worth doing. In case it has become a routine practice of new joinees to leave organisation as and when they like, it can be done once as a deterrent for others.

M.Venkatraghavan
dear all,can you please give a sample letter to warn employee who are on bond period not to leave thecomapny
The concerned lady needs to put up a letter explaining all facts,enclose minimal medical documents to prove her version and clear the matter.
Whether she shows the company in her cv or not ,at least give a proper answer to the company who wants to declare her as an absconder.
After this clarification she should not bother about contacting the company thereafter.
Hello,
If a employee who has signed a contract leaves and is absconding .. can we give a notice in a local paper that he is absconding and has nothing to do with us ..incase he tries to reach our clients.
Please guide ..me and let me know what will be the content of this NOTICE in the paper.
Regards
Sunita
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