Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

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Dear All,
One of the employee in my organization has submitted resignation letter, but he is absent for about 1 week while servicing his 1 month notice. We are trying to contact him by call and sms but failed to get him. Besides,he is currently holding the company's laptop with him.
Additional information, one of our employee actually met him in a new company's office, and already started work with the new employer during his absents.
Please kindly share your experience or opinion to me what should I go forward and what kind of letter should I issue to him?
Your sharing is much appreciated! Thank you.
Regards,
Cherry

So what has happened is not absence, but absconding.
You need to treat it as such.
You need to immediately send a notice asking the employee to report to work, and also state that he need to return the laptop immediately. You should specify that legal action will be taken the same.
If he does not respond, you can actually file a criminal complaint for theft of the laptop (I assume you have evidence it was given to him)
You can also communicate with his new company informing them of his absconding status and of his not returning company assets and that you are planning to file a police case in which they could be named.
However, you should first discuss the matter with your management to decide how far you wish to go in such a matter.

Hello Cherry,

In general, in India, anyone who takes leave OR doesn't attend duty during the Notice Period faces the scenario of the Notice period getting extended by the duration of absence.

However, in the case of your employee, it surely doesn't seem to be such a case, as he was found working in another Company....so it would be a case of absconding.

Like Saswata Banerjee mentioned, prepare the ground for filing a Criminal case....suggest consult your Company lawyer to ensure you follow all the steps that will be in conformance with Malaysian laws. Given that lawyers everywhere would think the same way, I am pretty sure he will find ways to add some more charges to the criminal complaint [information theft could be one--after all the laptop would contain a lot of data].

Communicating with his present company of your intent to go legal would surely be a good idea....to bring the guy to you. To the extent I know about Malaysian laws, his present company would take this quite seriously & I won't be surprised if this guy gets into trouble with his job.

All the Best.

Rgds,

TS

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