New Employee Vanished After First Paycheck – Can We Take Legal Action?

Sivasreed
Hello, I am new to this job and I am learning most of the HR things from your website. I am wondering if someone could help me. We are running an IT firm, and an employee absconded after his first pay. Is there any legal steps that can be taken?
HR Hiral Mehta
Hello,

On what grounds do you want to go legal? Just because he did not serve notice?

The right approach would be to first connect with the employee and understand the reason behind his absconding. Please note that if the employee's PF is deducted, then you will have to continue showing him on your payroll until 6 months. After that, you may issue a letter stating that he is no longer employed by your firm.

Please let us know the reason for considering legal action so that the seniors can respond accordingly.
saswatabanerjee
Can you please explain why you need to keep someone on the payroll for 6 months just because you have deducted PF in the first salary?

Thank you.
Veervikram
At the very beginning, you can inform that person that you had informed the concerned HR and they need to rejoin.
psdhingra
You may not be able to get an appropriate advice unless you spell out terms and conditions of his appointment as communicated through your offer letter or appointment letter. Also, intimate about the size of your organization in terms of the number of staff working in the organization.
Sivasreed
Hello All,

We have an employee who worked with us for just a month and left without notice. When we searched, he had informed a far friend that he did not like the city where the office is located, but he informed us after several calls that he was ill. When we asked him for his Full and Final settlement (FNF), he is not replying. What should I do now?
nathrao
Send him a letter by speed post asking him to forward copies of his medical reports and diagnosis by doctors. If he does not reply, conduct a domestic enquiry and seek the employee's reply/defence. If he does not reply, finalize the enquiry and remove him from company rolls.

Send the employee his FNF and termination certificate. Follow natural justice and give him a reasonable time to reply; send him at least two to three reminders over 10-15 days.
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