Anuj Trivedi
Labour Law Consultant
[email protected]
Hr Consultant
Mirza
Regional Hr Head
Amith R Murthy
Hr Executive
Manjeet067
Professional
Tarunaindia
Hr&admin
Jai1736
Labour Laws, H R Management

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Dear All,
We're a leading company in the engineering sector based in Mumbai.
The issue is that one of the employees have submitted his resignation and has been absconding since then. He's not yet completed his notice period.
Please advice of any legal action against him. What if he has already joined another company?? Can he be traced and penalised?
Graham

From India, Gurgaon
Dear Graham,
As per my opinion,if he has to give charge to someone or if he has some important documents with him the he should be served notice to handover charge / documents to his department and action may be initiated against him. Or if he has submitted his resignation and no such formality is required then take clearance (No Dues Certificate) from respective department and settle his dues after deducting notice period as per terms of contract/Appointment Letter.
Thanks

From India, Lucknow
Dear Graham,
It depends on the terms mentioned in his appointment letter. If a notice period is mentioned and he has absconded without complying with the same and has not surrendered office property in his possession (files /documents/office equipement - mobile, laptop, internet card etc) then action can and should be taken.
I would recommend that you consult you inhouse Legal Dept or perhaps a HR Lawyer.
Meena

From India, Nagpur
Dear Graham,
I think you can go with Anuj go beyond him only if he is due to settle anything with the your company, else just clear everything and forget about him.
Do let me know how did you handle it at last.
Regards
Amith R.

From India, Bangalore
Dear All,
The way we do it is, bit different. if an Employee absconds after resigning, we send a show-cause letter to hos/ her permanent address. If the Employee fails to respond within the stipulated time, we close the file without making any settlement and donot issue any letter to the said person.
I hope the contribution adds value to me fellow HR colleagues
Thanks and Regards
Tanuj Vaid
__________________________________________________ _________________________
Courage is not the strength to go on, it is to go on when donot have strength

From India, Gurgaon
Dear Graham,
You can send him a Show Cause letter and give him some days to come back which i think he wont, and then you can send him a termination letter and close the case.
However if any company assets are still pending to be submitted by him, then i think you should consult your company lawyer to send him a notice.
Regards,
Sachet

From India, Mumbai
Dear Graham
No legal action can be taken against the person, when he has resigned. Resigning is his right. You can not force him to serve the notice period, if the clause of the appointment letter states that one can either serve the notice period or pay for the notice period.
An action can only be inititaed, if he has ran away with the belongings of the organization, for that i think you can go with criminal proceedings.
I hope the inputs would help you, in dealing with the case.
Please do let me know how you handled the case.
Regards,
Ranjeet singh

From India, Jamshedpur
Hi,
No legal action can be taken against the person, when he has resigned. Giving resignation is his right. You can not force him to serve the notice period, if the clause of the appointment letter states that one can either serve the notice period or pay for the notice period.
An action can only be inititaed, if he has ran away with the belongings of the organization, for that i think you can go with criminal proceedings.
Rdgs,
K. Packiarajan

From India, Madras
Dear Graham
Let us understand a few things in such cases. First of all absconding after resignation is no crime and hence there can be no penalty as such under IPC unless the employee was privy to some company information / assets etc. which he was supposed to handover to the company. If so a police complaint may lodged.
Otherwise you may deduct notice pay from his full and final payment when he turns up, or may not settle his dues , withhold service certificate etc. etc.
Of course you may get him traced. Many private detective agencies do undertake these kind of jobs. But what benefit it will do to your company ? You can not bring him back into your employment. Resigning from one organisation and joining another is perfectly legal and under these circumstances you will not get any injunction from the court against his new employer.
Regards
Mohan.

From India
Hi Graham,
I totally agree with Mohan.
According to Constitution,freedom to work anywhere is fundamental right of every Indian. We can`t take any legal action beyond deduction in notice pay or withhold the service certificates etc.
I think tracing him/her will be wastage of our time and enargy, only if he/she has no due to company or he/she has not joined company`s competitor and making harm to company.

From India, Chandigarh

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