Understanding Employee Absence: When Does It Become Job Abandonment?

Can someone tell me the instances where an employee vacation of post takes place in an organization? This is basically when an employee endeavors to keep away from work, or refuses or fails to report to work or duty without an acceptable excuse for a reasonably long period of time. Such conduct would necessarily be grounds that justify the employer to consider the employee as having vacated service.

Dear Kavin,

Is it a case of abandonment of employment? Since you have used the word "vacation," it has created confusion. If there is prolonged unauthorized absence of an employee, then you may conduct a domestic inquiry. In the domestic inquiry, if the misconduct of the employee is proved, then you may award him a suitable punishment, which could include termination.

Thanks,
Dinesh Divekar

My dear,

Even though it is a case of abandonment, you have given the concerned employee a fair chance to defend his case before taking action against him. As per judgments, the term "abandonment" has become confusing to a few and a misnomer.

Regards,
S.K. Johri

One of the terms of the contract of service is regular attendance at work. If an employee absents themselves without authorization or intimation for an extended period and fails to report for duty even after notification or remains incommunicado, it signifies abandonment of their service. This constitutes a punishable misconduct by the employer following the due procedure in line with the principles of Natural Justice.

Therefore, the employer should not solely rely on personal inferences and presumptions in this matter. Regardless of whether the absent employee cooperates, the employer should formally initiate disciplinary action, independently assess the situation, and decide based on merit whether to retain the employee on the company's roster or not.