Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear all,
If employee has absconded without any written or mail communication , then can employer say that .... bcoz of his absconding , they occurred a huge loss which should be reimbursed.
offer letter contains : 1) Bond of 50k or submission of documents while joining 2) Damage occured by employee can only be reimbursed.
Based on this can any one suggest the probabilities which may happen and in which direction an employee should go for defending????????

If absconding or unauthorized absence is described as misconduct in list of misconducts, then employer should hold inquiry as per principles of natural justice and may impose punishment of dismissal or termination. No further damages can be recovered from employee. Even if bond has been executed by employee then even under Shops and Establishment Act or Payment of Wages Act, deduction on this count of damages is not permissible as only authorized deduction under the various heads as specified in these Acts is permissible. See the thread entitled " Breaking of Bond" in this regard.
An employee should submit medical certificates etc in proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise reply and defend on the above lines.
Thanks
Sushil

P.S. pl read the thread "Break of bond" instead of breaking of bond, on my page on this citehr to see details of defence approach relating to bond viability. Thanks Sushil
I have. For mal question
If any person join the company but not signed on offer letter and as well as not complete any joining signing formalities and leave job within 2 days that time company can file the case against this employee

Hi ,
In my company, 2 number of employee not come to work last 1 month, already sent letter to their home but not getting any of response from them and they joined other company.
Please suggest what action will required.
Thanks.

My current employer has the notice period of 3 months but in the offer letter it was mentioned that the "management reserves the right to waive off the notice period and relieve the employee immediately upon paying the base salary in lieu of the said notice period" . However when a collegue of mine put down the resignation and was ready to serve the 3 months notice period, they said they can relieve him immediately without notice period, to which he demanded the 3 months base salary as mentioned in the offer letter. But the management only paid the salary till the date he applied resignation and sent him a reliving letter and salary slip(both by email) and refuses to take calls when tried to reach. Can he sue the company for not giving him the base salary as promised in the offer letter signed? Any immediate responses would be helpful

Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™