+2 Others
Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear All
If an employee works for only 15 days from the date of joining and stop coming to office without informing to company. There are no dues, liability , not holding any company assets and without taking 15 days salary. Can we take absconding legal action against that employee ?
Please let me know on this situation.
Regards
Nimisha Jha
From India, Bangalore
If an employee works for only 15 days from the date of joining and stop coming to office without informing to company. There are no dues, liability , not holding any company assets and without taking 15 days salary. Can we take absconding legal action against that employee ?
Please let me know on this situation.
Regards
Nimisha Jha
From India, Bangalore
Dear Ms. Nimisha Jha,
Do you have the legal point mentioned in the terms provided to the employee in case if he doesn't provide his notice to the company? If No, then there is no way a chance to proceed in legitimacy. You have to place that employee as in absconding list.
From India, Visakhapatnam
Do you have the legal point mentioned in the terms provided to the employee in case if he doesn't provide his notice to the company? If No, then there is no way a chance to proceed in legitimacy. You have to place that employee as in absconding list.
From India, Visakhapatnam
Since he has worked only for 15 days and you have admitted that there is no liability and no due on what basic can you take legal action. No purpose will be served in taking the legal action.
From India, Kochi
From India, Kochi
Nimisha Jha,
Please note, I am of the opinion that, the company does the recruitment with the intent to carry out its business activities smoothly and efficiently and to meet the customer requirement.
In case a person joins and leaves the company within 15 days and that also without giving any notice or informing the company that he is not going to continue his employment , then certainly the planning of the management in execution of the jobs is disturbed.
And moreover all appointment order generally contain a clause that both the parties are free to leave each other by giving one month notice or remuneration in lieu of the same.
Therefore it is immaterial how many days he has worked, the fact that he has left without giving proper notice, the company can follow the process of absconding against him.
Regards
UMESH KAPOOR
From India, Mumbai
Please note, I am of the opinion that, the company does the recruitment with the intent to carry out its business activities smoothly and efficiently and to meet the customer requirement.
In case a person joins and leaves the company within 15 days and that also without giving any notice or informing the company that he is not going to continue his employment , then certainly the planning of the management in execution of the jobs is disturbed.
And moreover all appointment order generally contain a clause that both the parties are free to leave each other by giving one month notice or remuneration in lieu of the same.
Therefore it is immaterial how many days he has worked, the fact that he has left without giving proper notice, the company can follow the process of absconding against him.
Regards
UMESH KAPOOR
From India, Mumbai
Hi Seniors,
One of our employee not reporting to work since 2nd Aug 2012.. We sent him the absconding letter to the address available with the companies records. Its returned undeliver stating that no one available to collect the same.
Apparently we come to know from the neighbors, employee wife committed suicide on 02.08.2012 and police arrested him on suspicious murder against harassment case.. Subsequently sent him to remand.. After one month he came back to work on bail and requesting for the employment..
Please advice..
1. Can we take someone who is arrested on some reason
2. Since he is not convicted any caselaws on the same matter.
warm regards
Rama
09703100700
From India, Hyderabad
One of our employee not reporting to work since 2nd Aug 2012.. We sent him the absconding letter to the address available with the companies records. Its returned undeliver stating that no one available to collect the same.
Apparently we come to know from the neighbors, employee wife committed suicide on 02.08.2012 and police arrested him on suspicious murder against harassment case.. Subsequently sent him to remand.. After one month he came back to work on bail and requesting for the employment..
Please advice..
1. Can we take someone who is arrested on some reason
2. Since he is not convicted any caselaws on the same matter.
warm regards
Rama
09703100700
From India, Hyderabad
HI,
I do concede that company shall recruit an employee relying him that business would go on smoothly without any hindrance, but what is the use of taking legal action when an employee doesn't carry any assets of the company in milieu of probation.
All and sundry understand that it can be a big detrimental affect to the company, but it is futile to initiate legal action and time consumption factor.
From United States, Cambridge
I do concede that company shall recruit an employee relying him that business would go on smoothly without any hindrance, but what is the use of taking legal action when an employee doesn't carry any assets of the company in milieu of probation.
All and sundry understand that it can be a big detrimental affect to the company, but it is futile to initiate legal action and time consumption factor.
From United States, Cambridge
HI,
On humanity grounds we can offer him a job that give opportunity to survive. At the same time you will have to weigh PROS & CONS. Also, please get the information from police whether he can be employed.
Regards,
Kranthi
Regards,
Kranthi
From United States, Cambridge
On humanity grounds we can offer him a job that give opportunity to survive. At the same time you will have to weigh PROS & CONS. Also, please get the information from police whether he can be employed.
Regards,
Kranthi
Regards,
Kranthi
From United States, Cambridge
dear rama,
You can take disciplinary action against him for absenteeism. However, since the background of suicide has no nexus to his employment, you can not chargesheet him as there is no misconduct on that count. The misconduct has not taken place on the premises of the establishment. After the enquiry for absenteeism is completed, pls check his past record of service. If there is a poor history of warnings, memos, etc., then depending on the gravity, you can decide the punishment. Please ensure proper disciplinary procedure is followed.
9011075672
From India, Pune
You can take disciplinary action against him for absenteeism. However, since the background of suicide has no nexus to his employment, you can not chargesheet him as there is no misconduct on that count. The misconduct has not taken place on the premises of the establishment. After the enquiry for absenteeism is completed, pls check his past record of service. If there is a poor history of warnings, memos, etc., then depending on the gravity, you can decide the punishment. Please ensure proper disciplinary procedure is followed.
9011075672
From India, Pune
dear madam,
Please send him a letter at his local and permanent address and ask him to resume duty after explaining his absence. In the said letter you can also word it that in case he fails to resume duty you will be constrained to believe that he is no longer interested in working in the organisation.
From India, Pune
Please send him a letter at his local and permanent address and ask him to resume duty after explaining his absence. In the said letter you can also word it that in case he fails to resume duty you will be constrained to believe that he is no longer interested in working in the organisation.
From India, Pune
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.
Add the url of this thread if you want to cite this discussion.
#Listed In: formal letter employee absconding no dues legal action disciplinary action company assets disciplinary procedure Country-India City-India-Bangalore
Legal Clarification on Absconding & Contract Labour.pdf
