Employee Abscond And Now Threatening For Labour Court

Dear All,

One employee worked for 23 days and absconded; he did not contact HR or provide any reason. He had already signed the appointment letter, which stipulated a one-month notice period.

Now, he is requesting his salary and threatening legal action in the labor court. Please advise on the appropriate course of action.

Thank you.

Was there any follow-up from the company's 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 into the 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 have not done anything wrong, why be afraid? Let him go to court; you can prove that he has not followed the process and he is liable to pay as the notice period is longer than the work he has done. Also, if he has only worked for 23 days, then he shall not be entitled to a Bonus, as he has not completed 30 days.

Dear Krishna,

Abscondence or unauthorized absence from work is certainly 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 to avoid his notice period obligations.

Therefore, first ask him to report for duty forthwith with an explanation for his unauthorized absence. If he complies or not, you can take proper disciplinary action and terminate his services. However, such a move would not affect his right to salary for the days he actually worked. It is, therefore, important to persuade him to submit his resignation, accept it, and adjust the unpaid salary against the notice pay.

Kind regards,

[Your Name]

Dear Sir,

In accordance with the job abandonment process, is it mandatory to send a job abandonment letter to the absconded employee's postal address? Or can sending an email with the same context be considered a legal procedure for the termination of service?

Thank you.

Dear Pravin,

A letter in this regard on the company letterhead 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 is better that we send a job letter through registered A.D. where we even have proof that it was delivered to his home.

Regards,

Hi Ashutosh,

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

Hi Ashutosh,

I would also like to request your advice to understand how an employee who has served for 5+ years in an organization and is expecting to retire in the next 15 days can go about obtaining his retirement benefits, such as monthly pension. What is the procedure that we, as HR, need to follow?

Is it mandatory for an organization to provide monthly pension as retirement benefits to any eligible retiring employee? If yes, I would kindly request you to guide me through the appropriate procedures.

Dear Pravin,

If it is 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 professional, 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, providing him with funds for investments.

If your company has a policy, then keep the retirement gift cheque ready, and 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 even invite his family for this function.

Also, ensure that all his salary dues, including Bonus, Leave Encashment, Pending LTA, and other pending items, are paid to him on the last day. Additionally, ensure all 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 the employee submitted his resignation letter in writing? Has the employer sent a letter about unauthorized absence to his address as furnished by RPAD, directing him to report for duty?

Dear Seniors,

This is in reference to the point that the company should follow up in the case of an absconding employee. As you are aware, in the case of registered mail, due to laxity from the postal department, we might not receive the proof of delivery on time. In such a case, is it acceptable if we provide the online tracking report stating that the document has been delivered?

Thanks and Regards,

Neha Bhardwaj

Dear Ashutosh,

A big thank you for your valuable reply once again. Appreciated!!

In addition to an online report, it is advisable to submit a letter to the post office concerned within a reasonable time to inquire about the status of delivery. The reply provided by the postal department will be considered as sufficient proof for the delivery of the registered post in court.

Thank you very much, @Srinath Sai Ram. Your valuable input is highly appreciated!!