Hello, Experts, Need your valuable response regarding the below-mentioned:
Employee Absconding Issue
We have appointed an employee for a managerial position one month ago. He joined and signed all the company's policies and NDA. His notice period was three months from the date of resignation. After one month, he has been absent for eight days. We have been trying to call and email him to retain him, but we have not received any response from his side.
You are requested to kindly advise on what legal steps we should take against him.
Waiting for your response.
Thank you
From India, Jamnagar
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Employee Absconding Issue
We have appointed an employee for a managerial position one month ago. He joined and signed all the company's policies and NDA. His notice period was three months from the date of resignation. After one month, he has been absent for eight days. We have been trying to call and email him to retain him, but we have not received any response from his side.
You are requested to kindly advise on what legal steps we should take against him.
Waiting for your response.
Thank you
From India, Jamnagar
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Hi, try to reach him through all sources, including the emergency contact number as per the file. If the candidate absconds after 1 month without any notice, it reflects poorly on the candidate's profile.
Purpose of pursuing the case legally
As one month is a short stint, what is the purpose of pursuing the case legally? Just follow the disciplinary process (warning letter followed by termination) and close the file. Provide a sufficient timeframe after serving the warning letter. Preserve all the disciplinary process documents in the personal file of the employee, including the RPAD receipt.
From India, Madras
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1015Purpose of pursuing the case legally
As one month is a short stint, what is the purpose of pursuing the case legally? Just follow the disciplinary process (warning letter followed by termination) and close the file. Provide a sufficient timeframe after serving the warning letter. Preserve all the disciplinary process documents in the personal file of the employee, including the RPAD receipt.
From India, Madras
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Dear Poster,
You can lodge a complaint with the police if the concerned employee is absent without informing the company and has taken the issued laptop or records. Furthermore, you can send a lawyer's notice for payment to his local and permanent address, including his personal email or WhatsApp, or else file a case in court for recovery. As an employer, you can take significant actions considering the damages sustained from the case.
From India, Mumbai
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You can lodge a complaint with the police if the concerned employee is absent without informing the company and has taken the issued laptop or records. Furthermore, you can send a lawyer's notice for payment to his local and permanent address, including his personal email or WhatsApp, or else file a case in court for recovery. As an employer, you can take significant actions considering the damages sustained from the case.
From India, Mumbai
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
How to Handle an Employee Resignation.doc
Ash-jha
Hi, very informative. We have a situation where the resigned employee being incharge of a project site resigned after 18 months of stint. That employee despite of repeated requests to come to the Head office for settlement and submission of all the outstandings, did not comply. later he joined another company. Since, there is a big outstanding in different formats including monetary dealings and assets. Shall we be challenging the employee in the court. Also, the new company which the emplyee has joind shall also be legally challenged to pay for the outstandings as they allowed without a Separation letter.