Employee Absconding After Salary Advance: Should We Take Legal Action or Try Prevention?

Hi Everyone, we are facing a serious issue in our company. One of our employees has taken a salary advance, and after a week, he is absconding. His number is NR. We called his alternate number (his uncle's), as mentioned in the company's records; he said he is unaware of his current location, as he has not come home in a year. We have his voter ID card as a government ID proof.

Legal Action Consideration

My query is, should we go legal to catch him?

Preventive Measures

What can we do to avoid this situation, such as creating a bond/agreement or something else?

Waiting for your suggestions.

I understand your problem. Please address the following:

A. Reporting and Communication

Since when has he been absconding? If it's recent, please lodge an FIR for the missing person with the Police Station, as he may have met with an unfortunate accident. Send written communication to his family stating that he has been missing from his workplace since a specific date.

B. Employment Category and Union Involvement

Does he fall under the workman category? I assume so, considering he has taken a salary advance, which is a privilege for workers. In this case, raise this issue with the Union leaders and members. Request their cooperation. If there is no news after fifteen days, per his contractual obligations, there is a clause allowing termination of services for abandonment. Deduct his salary advance from his salary and entitlements in the Full and Final (F&F) statement, which I believe will cover the loss amount.

C. Future Precautions

To protect the company's interests in the future, consider giving salary advances/loans to workmen only after they provide two guarantors (colleagues) with a clause stating that if he leaves or absconds, the guarantors would be responsible for repaying the company.

Regards,
Rajat

Thanks for your response. This absconding employee works as an office boy in our company. Today, we came to know that he has some dues left with the stores and food stalls nearby. Could you guide me on what to do next?