Dear Team, Absconding/Abandoning or NCNS (No Call No Show) is a very common phenomenon in call centers and BPOs in India. Most of our attrition constitutes absconding cases. Though the employee abandons us, we still pay the salary till the last working day and incentives earned in the previous month. As per statutory compliances, we need to process and pay the Provident Fund anyway.
Query Regarding Absconding Employees
- Are we legally entitled to pay the employee his salary and incentives even if he absconds from work?
- Under which law is this point illustrated?
- Is there any time period for which we can STOP or HOLD the salary?
- What legal action can the employee take against us (employer)?
Would appreciate your inputs regarding this.
Thank you much.
Captain Shaker
From India, Mumbai
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Query Regarding Absconding Employees
- Are we legally entitled to pay the employee his salary and incentives even if he absconds from work?
- Under which law is this point illustrated?
- Is there any time period for which we can STOP or HOLD the salary?
- What legal action can the employee take against us (employer)?
Would appreciate your inputs regarding this.
Thank you much.
Captain Shaker
From India, Mumbai
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Legal Implications of Absence from Duty
The Bombay Shops and Establishments Act, Section 66, proviso (a), states that notice of termination is not required under Section 66 if an employee is absent from service without notice in writing or without sufficient reasons for seven days or more, which can be construed as misconduct.
Consequently, the severance of the employee for absence from duty must align with the legal requirement. Although the legal provision allows for termination without notice, it may not be a practical solution when dealing with large numbers. Documenting the absence is a legal compliance issue. The need for issuing a call letter requiring the employee to report for the job is the first step. This can be followed by the termination letter. However, a synthesis of combining both may require legal acumen, expert legal advice, and be a perfect solution for fast-tracking the legal compliance on this aspect.
With Regards,
V. Sounder Rajan
Advocates & Notaries & Legal Consultants
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From India, Bangalore
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204The Bombay Shops and Establishments Act, Section 66, proviso (a), states that notice of termination is not required under Section 66 if an employee is absent from service without notice in writing or without sufficient reasons for seven days or more, which can be construed as misconduct.
Consequently, the severance of the employee for absence from duty must align with the legal requirement. Although the legal provision allows for termination without notice, it may not be a practical solution when dealing with large numbers. Documenting the absence is a legal compliance issue. The need for issuing a call letter requiring the employee to report for the job is the first step. This can be followed by the termination letter. However, a synthesis of combining both may require legal acumen, expert legal advice, and be a perfect solution for fast-tracking the legal compliance on this aspect.
With Regards,
V. Sounder Rajan
Advocates & Notaries & Legal Consultants
Email: [Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons] / [Phone Number Removed For Privacy Reasons]
More at https://www.citehr.com/285737-legal-...#ixzz1BOfDbOvP
From India, Bangalore
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Addressing No Show/Absconding Employees
We do find similar no-show or absconding employees in other industries, especially after payday. I would like to know what our other colleagues are doing. Their names appear in payroll, attendance master, etc., and there is uncertainty and no documentation from the employee side.
We have been sending show-cause emails, followed by reminders, and with no reply coming in, after two months, the file is closed. I invite practical, legally sound solutions.
Regards,
From India, New Delhi
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We do find similar no-show or absconding employees in other industries, especially after payday. I would like to know what our other colleagues are doing. Their names appear in payroll, attendance master, etc., and there is uncertainty and no documentation from the employee side.
We have been sending show-cause emails, followed by reminders, and with no reply coming in, after two months, the file is closed. I invite practical, legally sound solutions.
Regards,
From India, New Delhi
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Supreme Court Judgments on Employee Abandonment
Some judgments of the Supreme Court on the abandonment of employees are given below for your help. This may be of assistance to you, I hope.
• Striking off the name of a workman for his absence from the rolls will be illegal.
Lakshmi Precision Screws Ltd. v. Ram Bhagat, 2002 LLR 961: AIR 2002 (S) 2914: 2002 LIC 2968: 2002 FLR (95) 43: 2002 (3) LLJ 516: 2002 (4) LLN 25.
• There will be no violation of the principles of natural justice on the part of the management when the workmen absenting unauthorizedly have failed to comply with two notices, including calling them to return to duty. On their failure, their names were struck off from the rolls.
Uttar Pradesh State Bridge Corporation Ltd. & Ors. v. Uttar Pradesh Rajya Setu Nigam and Ors., 2004 LLR 289 (SC).
• It would be proper for the management to presume voluntary abandonment of an employee when he did not respond to their calls to join duties.
Viveka Nand Sethi vs Chairman, J&K Bank Ltd. & Ors., 2005 LLR 641.
Regards,
Jawed Alam.
From India, Dhanbad
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Some judgments of the Supreme Court on the abandonment of employees are given below for your help. This may be of assistance to you, I hope.
• Striking off the name of a workman for his absence from the rolls will be illegal.
Lakshmi Precision Screws Ltd. v. Ram Bhagat, 2002 LLR 961: AIR 2002 (S) 2914: 2002 LIC 2968: 2002 FLR (95) 43: 2002 (3) LLJ 516: 2002 (4) LLN 25.
• There will be no violation of the principles of natural justice on the part of the management when the workmen absenting unauthorizedly have failed to comply with two notices, including calling them to return to duty. On their failure, their names were struck off from the rolls.
Uttar Pradesh State Bridge Corporation Ltd. & Ors. v. Uttar Pradesh Rajya Setu Nigam and Ors., 2004 LLR 289 (SC).
• It would be proper for the management to presume voluntary abandonment of an employee when he did not respond to their calls to join duties.
Viveka Nand Sethi vs Chairman, J&K Bank Ltd. & Ors., 2005 LLR 641.
Regards,
Jawed Alam.
From India, Dhanbad
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Legal Compliance Plan.xls