Vaishalee Parkhi
Hr Consultant & Trainer
Insolvency N Gst Professional

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Hi All, On 7th Feb 2020, we relieved one of our employee because of his non performance, that day was his review day but he didn't come on that day so management sent him a mail stating that your employment is over with the organisation from 7th Feb 2020 so kindly submit all company assets and data.
But That employee didn't turn up and absconded with company laptop.
I want to understand can this case will comes under termination or normal relieving. If termination then how to process with the letter termination because of non performance or absconding.

First thing is he is still holding company assets.
Employee has to be warned of consequences of not returning company asset.
Termination will be for two main reasons when orders for dealing with the case is given by competent authority.
On records he is absconding,showing poor performance and now not returning company assets.

can i provide relieving letter in case of termination?
Please write a strong letter what are all the companies property he is holding without returning may be not only laptop, may be mobile phone or other files and important documents. get the details in writing immediately from the concerned department in which he was working and shoot a letter in speed post. if he did not respond to the same you can go for legal letter which you can consult your companies advocate.
I think rather than defining whether it was termination or relieving, the most priority action is to get the company's belongings from the employee. Mr. Balasubramanian has already guided you on the course of action. It is advisable to follow it now.
If the employee comes within the category of "workman" under Industrial Disputes Act 1947, then his services should not be terminated without giving him opportunity of defence. You should institute a domestic enquiry for his unauthorized absence.
- Shobhit Mittal
Industrial & Labour Law Advisor

8077779793, 9319956443

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