Employee Abscond And Now Threatening For Labour Court

Dear All,
1 employee worked for 23 days and got abscond, he didnot contact HR and didnot share any reason. He has already signed the appontment letter where 1 month notice period was required.
Now he is asking for the salary and threatening us for case in labour court.
Pl suggest what we can do.

Was there any follow up from the company side? Did the company send any notice or letter to the employee? If yes, then you can proceed with the F&F, show salary for 23 days, deduct the notice period for one month and send the letter for recovery.
But, if there is no follow up from your side and you have asked the person to not come in office or prohibited him from communicating with the office, then he has all rights to go to the Labour Office for recovery. But, if you are not done any wrong, why be afraid, let him go to the court, you can prove that he has not followed the process and he is liable to pay as the notice period is excess than the work he has done. Also if he has only worked for 23 days, then he shall not be entitled for Bonus, as he has not completed 30 days.

Dear Krishna,
Abscondence or unauthorised absence from work is certainly a misconduct. In a situation of misconduct, the employer should not be inactive based on the short spell of service rendered by the absconder so far. Taking advantage of your inaction only, the absenting employee demands his salary for the 23 days he already worked without submitting a formal resignation letter so as to avoid his notice period obligations.
Therefore, first ask him to report for duty forthwith with explanation for his unauthorised absence. If he complies with or not , you can take proper disciplinary action and terminate his services. But such a move would not affect his right to salary for the days he actually worked. It is therefore persuade him to sumbit his resignation, accepting it and adjusting the unpaid salary against the notice pay.

Dear Sir,
In accordance with job abandonment process is it mandate to send a job abandonment letter to the abscond employee postal address? Or sending an e-mail with same context can be considered as legal procedure for termination of service?

Dear Pravin,
A letter in this regards on the company letter head with the authorized signature is more important. The email will not serve as proof if it is not sent from the authorized person's email id.
So, it better, that we send a job letter through registered a.d. where we even have a proof, that it was delivered at his home.
Regards,

Hi Ashutosh,
Thank you very much for the valuable response. Highly appreciated!

Hi Ashutosh,
I would also request your advice to understand if an employee has served 5+ years in an organization and is expecting his retirement in next 15days, how would he go about to get his retirement benefits i.e monthly pension and what is the procedure we need to follow as an HR?
Is it compulsory for an organization to pay monthly pension as retirement benefits to any employee who is eligible for retirement? If Yes, would request you to guide me with the appropriate procedures.

Dear Pravin,

If it a private company, the monthly pension is not paid by the company, but the same will come to him through the PF Pension Scheme and also the Gratuity will help with the Monthly income.

As an HR, you will have to process his Gratuity, Submit his PF and Pension papers to the PF department with the relevant documents, so that his Pension starts and also his PF can be withdrawn and he has money for investments.

If your company has a policy, then keep the retirement gift cheque ready also arrange a small get together, in his department, with the HR and representatives from the management, coming together, to wish him the best and then have some snacks.

You may een invite his family for this function.

Also, ensure that all his salary dues, with Bonus, Leave En-cashment, Pending LTA and other things are ensured that they are paid to him on the last day. Also, all the relevant letters, certificates, etc... are prepared and kept ready to be handed over to him on his last working day.

Hope this helps

Regards,

Has Employee submitted his Resignation Letter in writing? has Employer sent Letter about un authorized Absence to his Address as furnished by RPAD directing him to report for duty?

Dear Seniors,
This is in ref to the point that company follow up should be there etc in case of absconding employee. As you are aware in case of registered ad due to laxity from postal department end we might not receive the proof of delivery on time, in such case is it fine if we have the online tracking report where its states that the document is delivered.
Thanks and Regards
Neha Bhardwaj