How to Handle an Absconding Employee: Can Legal Action Deter Future Incidents?

We have a little issue with one of our employees. He joined us about 2-3 months ago. He resigned about a week ago and then went on leave for a week, citing some personal problem. He was supposed to join back today and complete his notice period of 45 days as per his appointment letter. However, he has not shown up and is now absconding.

This is a very typical scenario in the software industry where employees abscond, leaving projects unfinished and without fulfilling the relieving formalities. I would like to know if there is any legal action that we can take against such individuals so that it also serves as a deterrent to other employees considering the same actions.

Please let me know at your earliest convenience.

I would like to know if there is any legal action that we can take against such people so that it also serves as a deterrent to other employees doing the same.

Your attitude seems to be harsh on the employee. Don't be harsh on the employee; HR is not for that. He must be having some personal work.

And when someone resigns, there is some reason behind it. You cannot force someone to stay with your company. And don't represent your company to the employees and take these things to heart. Let it go as it is.

Anyways, there is nothing much to do in this case as far as your profile is concerned. It would be better to let your senior handle this. Put this question before your senior and let them handle it. Don't think that going legal is a simple and better option. It is more of a headache than relief. Because in any such case, it will be the HR who would be fighting for the company.

Hi,

According to me, you cannot take any legal action against such employees. Rather, you should try to find out the reasons why employees are behaving in such a manner. What is the problem? Why are they getting demotivated and acting like this? Talk to the employees, ask for their problems. As an HR professional, you have to understand your employees at the best level. Try to be friendly with them so that they can share their problems with you. If you speak in a harsh manner, they will never come forward with the difficulties they are facing and may choose the simple option of leaving the company. Also, remember one thing - employees don't leave the company; they leave their bosses.

Regards,
Amanpreet Bedi

Hi all,

Actually, I was working in a software company for 3 months, and I was in training. During this time, I got admission to a good college and had to join the college promptly. However, according to company rules, I was required to serve for at least 2 months after submitting my resignation. So, I simply sent an email with my medical certificate stating that I was unwell and would not be able to work for the next 6 months. Subsequently, I quit the job without informing anyone.

Now, my question is: the same company is coming for campus placement at my college. Am I eligible to participate in the company's recruitment process? If not, is there any other way to obtain permission to work for the same company again? When I was working, I was not assigned to any project; it was just training.

Thank you.

Dear Dipti Ketkar,

Please check the link below. I hope it will be of some use to you.

https://www.citehr.com/231162-show-cause-notice.html

Hi Dipti,

Your problem seems to be quite simple. The solution is to try and speak with the employee to find out why he has resigned. Is he interested in rejoining if given an opportunity? Does he want a sabbatical?

If he doesn't respond, you can send him up to 3 Show Cause Notices, and later a notice asking him to pay the amount in lieu of the notice period. All this must be on behalf of the company (on the letterhead) and signed by the authorized signatories.

Regards,

Dipti,

This is a HUMOUR section... For God's sake, have some sense...!!!!

👿 👿 👿 👿

Hi Dipti,

I understand your concern. You may definitely forward this to the legal cell of your organization or any advocate who has been dealing with similar issues with corporates. In my opinion, I think it is a time-consuming process with meager results. Posting this in the humor section is a concern. I am sure it would have happened by mistake from you, which is okay (you may have to be a little careful in posting! :) in the respective section).

As we all know, this forum is to help others and ourselves about the things which we don't know and are required to know.

Thanks & Regards,
Arjun Rocket

Have a look at the service provided by Abscontrack for absconding employees --> http://www.abscontrack.com/

Abscontrack is a cloud-based industry-wide database for tracking and profiling absconding employees while allowing employers to verify onboarding employees. The platform is simple, user-friendly, and offers complete transparency.

Am I right in understanding that an employee with just 2 or 3 months of service is obliged to serve 45 days' notice if he wishes to leave? Normally, employees while on probation are not forced to give any notice of separation, but if in the case at hand, the contract of employment provides such a stipulation, then the concerned employee is bound to serve the notice period if he has accepted the contract of employment with all terms and conditions.

I am afraid that the company has no recourse to enter into any litigation except under civil law for breach of contract, which by itself is known to be time-consuming and costly. Normally, I would not advise employers to apply resources for such a case.

I suggest you accept reality and let him go. But please do consider if you need to rethink your approach of asking for 45 days' notice as bondage even while on probation. The general practice is to ease the separation of an employee on probation as neither party has invested substantial resources. It is more advisable to devise ways to retain an employee who you have found suitable for your organization.

That's all I would say at this stage. If you need to raise more questions or to share more information that might justify a different view, I would be glad to assist!

Regards,
Samvedan

Handling Employee Absconding: Legal Steps for HR

When an employee absconds from the company, the entire pressure falls on the HR department. Therefore, HR should consult with the company director and appoint a private attorney to handle all types of litigation.

Furthermore, the only solution to this issue is to send a legal notice to the absconded employee, outlining the entire scenario and requesting compensation within a specific timeframe. If there is no response, proceed with a civil suit for damages. This approach will undoubtedly assist you.

Thanks,
Regards,
Lovedeep S. Sodhi
Pb. & Haryana High Court