Employee Absconding Legal Action During Probation

Dear All,

If an employee works for only 15 days from the date of joining and stops coming to the office without informing the company, with no dues, liabilities, not holding any company assets, and without taking 15 days' salary, can we take absconding legal action against that employee?

Please let me know about this situation.

Regards,
Nimisha Jha
hr.nimish@gmail.com

Dear Ms. Nimisha Jha,

Do you have the legal provision mentioned in the terms provided to the employee in case he doesn't provide his notice to the company? If not, then there is no legitimate way to proceed. The employee must be placed on the absconding list.

Since he has worked only for 15 days and you have admitted that there is no liability and no due, on what basis can you take legal action? No purpose will be served by taking legal action.

Nimisha Jha,

Please note, I am of the opinion that the company conducts recruitment with the intent to carry out its business activities smoothly, efficiently, and to meet customer requirements.

In the case where an individual joins and leaves the company within 15 days, without providing any notice or informing the company of their decision not to continue employment, it disrupts the management's planning for job execution.

Furthermore, most appointment orders generally include a clause that allows both parties to terminate the agreement by providing one month's notice or remuneration in lieu of notice.

Therefore, regardless of the number of days worked, if an employee leaves without proper notice, the company can initiate absconding procedures against them.

Regards,
UMESH KAPOOR

Hi Seniors,

One of our employees has not reported to work since 2nd August 2012. We sent him the absconding letter to the address available in the company's records. It was returned undelivered, stating that no one was available to collect it.

Apparently, we have come to know from the neighbors that the employee's wife committed suicide on 2nd August 2012, and the police arrested him on suspicion of murder and harassment. He was subsequently sent to remand. After one month, he returned to work on bail and is now requesting employment.

Please advise on the following:
1. Can we hire someone who has been arrested for some reason?
2. Since he has not been convicted, are there any case laws related to this matter?

Warm regards,
Rama
09703100700

Hi,

I do acknowledge that a company may hire an employee with the expectation that business operations will continue smoothly. However, is it practical to take legal action when an employee does not possess any company assets during their probationary period? While it is widely understood that this situation can have a significant negative impact on the company, initiating legal proceedings may prove futile and time-consuming.

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Hi,

On humanitarian grounds, we can offer him a job that provides an opportunity to survive. However, you will also need to weigh the pros and cons. Additionally, please obtain information from the police regarding whether he can be employed.

Regards,
Kranthi
Regards,
Kranthi

Dear Rama,

You can take disciplinary action against him for absenteeism. However, since the background of suicide has no nexus to his employment, you cannot chargesheet him as there is no misconduct on that count. The misconduct has not taken place on the premises of the establishment. After the enquiry for absenteeism is completed, please check his past record of service. If there is a poor history of warnings, memos, etc., then depending on the gravity, you can decide the punishment. Please ensure proper disciplinary procedure is followed.

9011075672

Dear Madam,

Please send him a letter to his local and permanent address, asking him to resume duty after explaining his absence. In the said letter, you can also mention that in case he fails to resume duty, you will be constrained to believe that he is no longer interested in working in the organization.

Dear Rama,

You have to place the employee under suspension for having been in police custody for more than 48 hours. After he has been acquitted of the charges by the court, then only can you take him back on duty.

Regards,

S.K. Johri

Dear Rama,

In the eyes of the law, a person is considered innocent until proven guilty. The employee has been released on bail, and the case against him is pending in court.

In this case:

If there is a provision for suspending an employee on the grounds of being detained by the police for more than 48 hours in your company's Standing Order, then you should have suspended the employee as soon as you received the information. However, it seems that suspension was not implemented in this case.

Therefore, in my opinion, you should:

1. Issue a suspension letter with a backdate.

2. Request the employee to apply for the cancellation of the suspension.

3. Cancel the suspension through a formal letter, stating that if the charges are proven in the future, he will be dismissed but can be rehired.

4. These documents will be crucial if charges are proven in the future.

I hope my suggestions are helpful. Your comments on my response are appreciated.

Thanks and regards,

Jawed Alam.