How Can Small Organizations Handle Employees Skipping Notice Periods Without Legal Hassles?

Dear experts, as an HR professional, I want to know what measures a small organization can take to deal with employees who do not serve the notice period even if it was mentioned in the HR policies or in the appointment letter.

Challenges with Legal Procedures

Generally, I have seen that most employers are reluctant to follow the legal procedures since they fear the lengthy legal processes, waste of energy, and money involved in filing legal suits. Considering these problems, employees take undue advantage of the situation of employers.

Practicality of Legal Action

Is it really practical to file a suit against an absconded employee for not serving the notice period? If yes, can an employer expect any positive results from such proceedings?

Handling Employees Not Serving Notice Period

If you file a suit, it will be a prolonged procedure. Instead, you can be assertive with such employees to ensure that they serve the notice period. Otherwise, you can indicate to them to waive the salary in lieu of the notice period. Until the above procedure is completed, you can withhold their relieving letter and/or other certificates.

A practical solution for dealing with absconding employees

A practical solution to the problem is to provide for arbitration by a named official in the offer of appointment itself. When it is felt that the employee has absconded, the arbitrator can be appointed. The arbitrator, following due process, gives an award, and the award has the effect of a court order. It can be executed through the court having jurisdiction over the geographical place where the employee resides. The whole process can be completed in 4-6 months, and the employee will come back with folded hands and settle the matter. This has been my personal experience.

Legal Recourse vs. Industry Standard Practice

Going the legal recourse way would be lengthy and may not bear much fruit for you in the long run. It is better to follow the industry standard practice (for future cases) of sending an absconding notice to employees after 7 days of absence. On the 15th day, you can issue them a termination letter. Remember to add absconding clauses in the appointment letter, and ensure that the notices you send out are delivered to their residential addresses via post only.

Dear KK!HR ji, with due respect to you, Sir, can we have an arbitration clause in the employment contract? I have a doubt. To my knowledge, no dispute arising from or related to the employment contract shall be settled by an arbitrator as per the Indian Arbitration and Conciliation Act, 1996, and therefore, the said clause in the employment contract will have no place. I would appreciate it if you could enlighten us on this subject.

Enforcing discipline in any organization

Enforcing discipline in any organization is a prerogative of the employer. Who stops the employer from not even sending a simple notice to such erring employees and asking them to give proper notice, failing which stern legal action will follow?

Reluctant employers have to deal with this and similar kinds of indiscipline. They should not have any complaints against their employees.