Relieved Employee who didn't turn up and absconded with company laptop - case will comes under termination or normal relieving

Hi All, On 7th Feb 2020, we relieved one of our employee because of his non performance, that day was his review day but he didn't come on that day so management sent him a mail stating that your employment is over with the organisation from 7th Feb 2020 so kindly submit all company assets and data.
But That employee didn't turn up and absconded with company laptop.
I want to understand can this case will comes under termination or normal relieving. If termination then how to process with the letter termination because of non performance or absconding.

First thing is he is still holding company assets.
Employee has to be warned of consequences of not returning company asset.
Termination will be for two main reasons when orders for dealing with the case is given by competent authority.
On records he is absconding,showing poor performance and now not returning company assets.

can i provide relieving letter in case of termination?

Please write a strong letter what are all the companies property he is holding without returning may be not only laptop, may be mobile phone or other files and important documents. get the details in writing immediately from the concerned department in which he was working and shoot a letter in speed post. if he did not respond to the same you can go for legal letter which you can consult your companies advocate.

I think rather than defining whether it was termination or relieving, the most priority action is to get the company's belongings from the employee. Mr. Balasubramanian has already guided you on the course of action. It is advisable to follow it now.

If the employee comes within the category of "workman" under Industrial Disputes Act 1947, then his services should not be terminated without giving him opportunity of defence. You should institute a domestic enquiry for his unauthorized absence.
- Shobhit Mittal
Industrial & Labour Law Advisor
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The termination of services of an employee unless in writing is not legally tenable.

Secondly regarding the act of absconding by the employee, you need to write a detailed letter explaining the non return of company's properties including laptop etc and require him to return the properties within certain time frame. If he does not respond to your letter , send one more letter of reminder and if still responded by the employee send another letter of reminder , Even the second reminder does not fetch any reply, you can lodge a police compliant and follow the rituals. In the meanwhile you can withhold his full an final settlement . If any gratuity is due to him , the same may be deposited to controlling authority under the payment gratuity act so as to be on a safer side as you gratuity cannot be attached by even any court of law.

However if the termination is challenged by the employee at any appropriate legal forum , you are answerable as the employee has not been served with a formal termination notice . It is also known whether you gave the employee an opportunity to explain about his non performance as per principles of natural justice

Panchsen

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P.Senthilkumar

Former Corporate Head - Industrial Relations , MRF Ltd

Mobile 9884009193

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