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