Absconding Policy: Can Employees Challenge Being Declared Absconded After 7 Days?

Absconding Policy and Its Implications

Our company has a policy to declare employees absconded if they remain unavailable or absent from duty for a period exceeding 7 days.

Also, if an employee (on an ad hoc basis, temporary, probationer) leaves the job with a notice period shorter than one month, they are declared absconded. What are the consequences and validity of this policy, and can such employees challenge this decision of the employer?

It seems that you follow this practice for your own sake of satisfaction rather than observing regulations laid by the law.

Absconding Clause and Employee Termination

Had this 'Abscond' clause been clearly mentioned in the offer letter and you have their acceptance to the same, the employee has very little grounds. If no such clause is mentioned in the offer letter, then if an employee remains absent for 15 days, you cannot terminate them without proper notice. A permanent employee can go to court if they are terminated without notice.

As per the law, you need to send a notice through registered post/speed post asking them to report to duty before the said date. The letter should clearly mention that if they do not turn up, their employment would be terminated. In the event the letter is not delivered due to reasons like the wrong address or the addressee refusing to collect it, you can send an email to the address provided at the time of joining. Upon the expiry of the said period, you can terminate them. The termination letter has to be sent via post or email.

Employees submitting a proper resignation letter cannot be termed as 'Absconded'. At most, the organization can withhold their relieving letter.