Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
PL Kanthan
Proprietor
Riteshmaity
Labour Law Advocate
+2 Others

Hi guys I am gokulesh...here I would like to know about the absconding related issues...if a sales person earning around 10 thousand as his salary and leave the company without intimation treated as absconding.. in that case may the company has the right to recovery the amount as salary recovery or notice period recovery? And if the employee doesn't need any relieving or experience letter from that company then the employee need to pay such amount or not? And one more last question...if a person absconded from a company will it display or impact to his cibil or other HR related issues and/or if he doesn't mentioned about his previous absconded company details to his new employer..
From India, Hyderabad
Dear Gokulesh,

Abscondence by an employee automatically results in abandonment of his employment which is a clear-cut misconduct. But deciding abandonment of employment initially is a matter of fact as it revolves around the lack of prior intimation, authorisation and further communication in this regard.If the employee remains incommunicado even after the employer's call to report back for duty or explanation, then only it could be concluded as a case of abandonment of employment. Once such a decision is taken by the employer based on the facts, the next logical step is termination of the services of the absconding employee after following the legal procedures. Termination of employment for any proven misconduct like abandonment of services precludes the employer from the recovery of any sums from the dismissed employee as per the contract of employment other than the recovery of any out-standing loans and advances or property of the employer entrusted to with him or its current value and issue of any relieving letter or experience certificate as the orders of termination itself would be self-explanatory. Abandonment of services by an employee will have no impact on his CIBIL unless he is put to any hardship in meeting his existing financial commitments on account of this. Disclosure of the facts of previous employment or its supression will have its own impact on future employment depending upon the rules of the prospective employment only.

From India, Salem
Thank you umakanthan sir...here I would like to know the employer send the f&f letter and asking to pay a sum of Rs.6300/- after deducting my earning for 13 days..and if I fail to send that Payment with in 7 days of the letter received he will take legal action and contact my new employer too...here I am asking that if I won't mention as I worked in that organisation to my new employer and I don't need the relieving letter or experience letter too. In this situation what shall I do?
From India, Hyderabad
Anonymous
Be honest and settle the outstanding amount that is due. Equity and fair play must always be practised. Law will protect a person if he is law abiding. Trying to play truant will result in stress, anxiety and consequences that emanate from acts of omission and comission. So be true and fair.
From Indonesia, Jakarta
Be an honest employee to your employer. Employer is a person who accommodated you when you were in need of it.
Imagine, if your employer puts an add in print media about your misconduct, do you think that you will be able to secure a decent job in future?

From India, Thane
Dear Gokulesh,

If all your version of the entire episode is true ( of course, it is beyond any doubt from your last post that you are revealing the actual facts in instalments that too not complete yet), it appears to me that your previous employer and yourself both are trying to outwit each other.

You might have actually abandoned your previous employment for obvious reasons of unsatisfactory working conditions like over work-load, poor remuneration etc., and the new offer might have been more attractive and so urgent; but what prevented you from resigning your job formally after fulfilling the notice conditions? Again, why you wantonly suppressed the fact of your previous employment and the circumstances of your abandonment of it to your new employer?

Your previous employer's present move of initiating legal action for recovery of balance notice salary after deducting your salary for the days you worked will not withstand judicial scrutiny as there was no resignation from your end; If at all he treats it as abandonment of services, at best he can terminate you only after observing all the procedures.So, it is clear now he has not yet terminated your service on abandonment charges so far and that's why he threatens you.

My suggestion under these circumstances to you, therefore, would be settling the issue with your previous employer amicably now.

From India, Salem
Thank you guys...I will settle this issue with my previous employer asap...thank you umakanthan sir.
From India, Hyderabad
Absconding from service is a misconduct for which the service of an employee can be terminated. But in order to determine absconding from service ample opportunities is to be given by the employer to the employee requesting him to join/ resume the duties and give explanation. It is better to take a step by way of initiating disciplinary proceedings.
However, in your particular case, it is advisable to settle the matter amicably as already mentioned by the Ld. forum members.

From India, Kolkata
When you have left your job without intimation, the previous employer is within his rights to recover from you the notice pay not completed. Whether he will do it or not depends on the amount and the vindictiveness of the HR department and some other factors that we will not be able to decipher. While they may have sent you a notice for completing their formalities, its doubtful that they would bother to persecute further.

Whether it is a good idea to suppress your previous employment to new employer is your choice and judgement. I suspect its a very short period that makes no difference to you. How the previous employer knows your current employer, i have no idea, and you have not given any details. The reaction of the new employer is again something you will be able to judge and we can not.

CIBIL is affected only by default in any financial commitments made to financial institutions, banks and credit card companies for a loan or transaction. It can not be affected by failure to pay for notice period. If your previous employer is a bank, and tries to use cibil to make trouble, you can intimate to cibil that the negative entry is fake and they will reverse it.

From India, Mumbai
Hello..
Any sales person,who don't have any reportees under him, irrespective of designation & salary,the responsibilities are under purview of SPE act 1976 in turn attracts ID act of 1947.
So called, gross misconduct of absconding of Service,unless until proved the misconduct,it can't be taken granted.
Employer has to fallow DE procedure to terminate employee.
Under natural justice....?
One fine day,employee turn out of ICU and become expensive to company......?

From India, Bangalore

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