Absconding Employee - Legal Action [Thread 45598] - CiteHR
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Hello,

Am I right in understanding that an employee with just 2 or 3 months service is obliged to serve 45 days notice if he wishes to leave? Normally employees while on probation are not forced to give any notice of separation but if in the case on hand the contract of employment provides such a stipulation, then the concerned employee is bound to serve the notice period, if he has accepted the contract of employment with all terms & conditions of employment.

I am afraid that the company has no recourse to enter into any litigation except under civil law for breach of contract which by itself is painfully known to be time consuming and costly. Normally I would not advice employers to apply resources for such a case.

Suggest you accept reality and let him go. But do please consider if you need to rethink your approach of asking for 45 days notice as bondage even while on probation. The general practice is to ease separation of an employee on probation as neither party has invested substantial resources. It is more advisable to device ways to RETAIN an employee who you had found suitable for your organization.

That's all I would say at this stage. If you need to raise more questions or to share more information that might justify a different view, I would be glad to assist!

Regards
samvedan
April 30, 2015
--------------------------

Hello,
When the employee absconds from the company the whole pressure comes on the HR, so the HR should consult with the director of the company and appoint a private attorney for the company to handle there all type of litigation.
Moreover, regarding this issue the only solution to this is that to send a legal notice to the absconded employee stating whole of the scenario and ask for the compensation within a specific time span. If not replied go for the civil suit for the damages. It will surely help you out.
Thanks
Lovedeep S. Sodhi
Pb. & Haryana High Court


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