Head - Human Resources
Consultancy_hr & Ir
Amanpreet Bedi
Hr Manager
Hr... Professional
Komal Pareek
Hr Manager
Human Resources/generalist
Law Graduate
Marketing Analyst
Law Officer
+2 Others

Thread Started by #dipti.ketkar

We have a little issue with one of our employees. He joined us about 2-3 months back. He resigned about a week ago and then went on leave for a week citing some personal problem. He was to join back today and complete his notice period of 45 days as per his appointment letter. However he has not showed up and is absconding.
This is a very typical scenario in the software industry where the employee just abscond leaving projects unfinished and without fulfilling the relieving formalities. I would like to know if there is any legal action that we can take against such people so that it also serves as a deterrent to other employees doing the same.
Please let me know at the earliest.
17th September 2007 From India, Pune
Your attitude seems to be harsh on employee. Dont be harsh on employee, HR is not for that. He must be having some personal work.
And when someone resigns, there is some reason behind it. You cannot force someone to stay with your company. And dont represent your company to the employees, and take these things to heart. Let it go as it is. Anyways there is nothing much to do in this case, as far as your profile is concerned. Better let your senior handle this. Put this question before your senior, and let them handle it. Dont think that going legal is a simple and better option. It is more of headache than releif. Because in any such case, it will be the HR who would be fighting for the company.
18th September 2007 From India, Pune
According to me u cant not take any legal action against such employees..rather u should try to find out the reason as to why employees are behaving in such manner..what is the problem..why they are getting demotivated and doing all to the employees..ask for there an HR u have to understand your employees to the best level...try to be friendly with them so that they can share their problem with you...if you will talk in harsh manner then they will never come up with the difficulties what they are facing and will choose the simple option of leaving the company.And also remember one thing employees dont leave the company they leave their Bosses.
Amanpreet Bedi
18th September 2007 From India, Mumbai
Hi all
Actually i was working in a software company for 3 months and i was in training , during which i got admission in a good college and was forced to join the college very soon , But according company rules i should serve for atleast 2 months after keeping paper , so i just sent a mail of my medical certificate saying i am not well and will not b able to come to work for next 6 months. And then quit t job without informing anyone.
Now my ques is the same company is coming for campus placement in my college , am i eligible to sit in the companys recruitment , if not is there any other way to get permission to work in the same company again bez when i was working i wasnt in any project it was just training ????
22nd February 2010 From India, Madras
Dear dipti.ketkar,
Do check with the below link. Hope that would be of little use..
22nd February 2010 From India, Bangalore
Hi Dipti, your problem seems to be quiet simple. The solution is -try and speak with the employee, find out why he has resigned, is he interested in re-joining in case he's given an opportunity, does he want a sabatical.
If he doesnt respond, you can send him upto 3 Show Cause Notices, then later a notice asking him to pay the amount in lieu of the notice period.
All this has to be on behalf of the company. (on the letter head) signed by the authorised signatories.
22nd February 2010 From India
Dipti, This is a HUMOUR section... For God’s sake, Have some sense... :evil: :evil: :evil: :evil:
22nd February 2010 From India, Jaipur
hheheeeeeeeeeeeeee.............................komal now whrs ur sense of humor.......dats an old joke we all heard n face im sure..LOL :lol: :lol: :lol: :lol: :lol:
22nd February 2010 From India, Bangalore
Hi Dipti,
I understand your concern. You may definetely this this forward to legal cell of your organisation or any advocate who has been dealing similar issues with corporates.
In my opinion I think it is a time consuming process with meager result.
Posting this in humour section is concern, I am sure it would have happened by mistake from you, which is okay (you may have to be little careful in posting! :) in respective section)
As we all know this forum is to help others and ourselves about the things which we dont know and required to know.
Thanks & Regards,
Arjun Rocket
22nd February 2010 From India, Bangalore
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22nd February 2010 From India, Pune
Have a look at the service provided by Abscontrack for absconding employees -->
Abscontrack is a cloud based industry-wide database for tracking and profiling of absconding employees; at the same time allowing the employers to do the verification of on-boarding employees. The platform is simple, user-friendly and offers complete transparency.
30th April 2015 From India, Mumbai

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!

April 30, 2015
30th April 2015 From India, Pune
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.
Lovedeep S. Sodhi
Pb. & Haryana High Court
28th July 2015 From India, Chandigarh
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