Employees Leaving Without Notice: Can Legal Action Be Taken and Is It Effective?

ankurchadha24
Hi Seniors,

I want your advice on employees leaving the organization without prior notice or without serving a minimum notice period. Please advise if any legal action can be taken on absconding employees. What is the procedure and how successful is it.
kumaresank
Before concentrating on legal action against "absconding employees," kindly study the reasons why they are leaving your organization. Try to execute various measures to prevent absconding. Prevention is better than cure. It's nothing but attrition. This is my advice; if you don't like it, kindly ignore it.

The legal remedy is to file a civil suit for damages against the absconding employees. The claim should be restricted to the amount mentioned in the service agreement entered with the concerned employee. If the damages amount is mentioned in the agreement, it has to be calculated based on the days required to work before getting relieved (notice period).

Filing a civil suit will work properly provided you know exactly where the absconding employee is residing and whether court summons could be served on them. In the event of a favorable order from the court of law, you should have details of properties held by the absconding employee for the purpose of recovering damages as ordered by the court. If recovery is not possible, then the favorable order of the court will be only on paper and of no practical use. Calculate the cost involved in the initiation of legal action.
raga1383
Hi, I am from a reputed BPO. Can you please let me know if there are any means to know the reason for absconding?

Radha
kumaresank
There could be several reasons. In my opinion, the following are the top listed:

1. Non-recognition of employees' work or talent
2. Improper allotment of work, i.e., assigning work to an employee who is not capable of doing it
3. Improper Human Resource Management
4. Low salary satisfaction
5. Long working hours
6. Inadequate work schedules
7. Long distance to commute from residence to work
8. Failure to distribute work among employees, ignoring some employees, or assigning work only to particular employees
9. Retaining an employee who is not interested in working

And more...
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute