In absconding case we require your advice.
Employee is absconding from the organisation, so the company (HR) sends him the first notice letter, but the employee does not respond to the letter. After this, HR sends him a second letter, and when there is no response from the employee, the company terminates the employee, marking the reason as absconding and sends a termination letter with notice period recovery to the employee.
This time, the employee responds to the letter, clears his notice period dues, and asks for a relieving letter.
(Assuming – There is a clause in the appointment letter which says if either party wants to end the contract, they have to serve a 1-month notice or salary in lieu. There is no issue in the notice period clause)
Now questions are following:
1) Is it legal and right for the company to ask for recovery of the notice period in absconding cases? Please provide a reason.
2) In the above case, after clearing notice period dues, is the employee entitled to a relieving letter? Why?
3) How is absconding termination different from other terminations (from the notice period angle)?
Employee is absconding from the organisation, so the company (HR) sends him the first notice letter, but the employee does not respond to the letter. After this, HR sends him a second letter, and when there is no response from the employee, the company terminates the employee, marking the reason as absconding and sends a termination letter with notice period recovery to the employee.
This time, the employee responds to the letter, clears his notice period dues, and asks for a relieving letter.
(Assuming – There is a clause in the appointment letter which says if either party wants to end the contract, they have to serve a 1-month notice or salary in lieu. There is no issue in the notice period clause)
Now questions are following:
1) Is it legal and right for the company to ask for recovery of the notice period in absconding cases? Please provide a reason.
2) In the above case, after clearing notice period dues, is the employee entitled to a relieving letter? Why?
3) How is absconding termination different from other terminations (from the notice period angle)?