Respected seniors and my dear colleagues,
I would like to seek your help regarding a serious issue in our organization. An employee of our company has been absconding since the 16th of November. He was a good performer, and based on his commitment, we have taken up a project. As a senior employee, we entrusted him with a rather complicated project. If we now hand it over to junior staff, they will require a minimum of one month of training. Due to his irresponsible behavior, the company has incurred monetary losses, as he has also left his current project half-done.
We have sent a show cause letter to his email address and also mailed the same letter to his permanent address. We are aware of the company where he has joined.
The management is furious about this and intends to take legal action. Could you please advise on the legal actions we can take against him?
The management also wants to publish his photo in the newspaper with a note stating that he is absconding from the company. Is this action permissible?
Please assist me with this urgent matter.
I anticipate your prompt responses.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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3I would like to seek your help regarding a serious issue in our organization. An employee of our company has been absconding since the 16th of November. He was a good performer, and based on his commitment, we have taken up a project. As a senior employee, we entrusted him with a rather complicated project. If we now hand it over to junior staff, they will require a minimum of one month of training. Due to his irresponsible behavior, the company has incurred monetary losses, as he has also left his current project half-done.
We have sent a show cause letter to his email address and also mailed the same letter to his permanent address. We are aware of the company where he has joined.
The management is furious about this and intends to take legal action. Could you please advise on the legal actions we can take against him?
The management also wants to publish his photo in the newspaper with a note stating that he is absconding from the company. Is this action permissible?
Please assist me with this urgent matter.
I anticipate your prompt responses.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Dear,
You have not clarified whether he is a permanent employee. Assuming he is one, you can frame a charge sheet and conduct an enquiry. In this, you can frame one charge of causing pecuniary loss. An enquiry officer has to be appointed and the enquiry conducted. Publication of a photo is a serious affair. First, you will have to serve notice in the domestic enquiry at his last known address, and on failure, only then publication can be resorted to.
Only in jobs involving the absconding employee representing the company, such as Regional/Sales/Marketing/Branch Manager, advertising can be resorted to. But, since it is a matter involving reputation, you might have a claim from the person.
Please take specialist advice from a Pune-based Legal Consultant.
V. Sounder Rajan
E-mail: rajanassociates@eth.net
Office: 044-4262 0864, 044-6587 4684
From India, Bangalore
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You have not clarified whether he is a permanent employee. Assuming he is one, you can frame a charge sheet and conduct an enquiry. In this, you can frame one charge of causing pecuniary loss. An enquiry officer has to be appointed and the enquiry conducted. Publication of a photo is a serious affair. First, you will have to serve notice in the domestic enquiry at his last known address, and on failure, only then publication can be resorted to.
Only in jobs involving the absconding employee representing the company, such as Regional/Sales/Marketing/Branch Manager, advertising can be resorted to. But, since it is a matter involving reputation, you might have a claim from the person.
Please take specialist advice from a Pune-based Legal Consultant.
V. Sounder Rajan
E-mail: rajanassociates@eth.net
Office: 044-4262 0864, 044-6587 4684
From India, Bangalore
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Dear Mr. Rajan,
Thank you so much for your inputs. The employee is a confirmed one in our company. Ours is a mid-sized IT company. What happens if he does not reply to the show-cause letter we have sent him? How to appoint an inquiry officer? What if he doesn't show up for the inquiry? Can we send him a legal notice to attend this inquiry? Please give me some more inputs on this.
Thanking you in anticipation,
Indrani Chakraborty
From India, Pune
Acknowledge(0)Amend(0)
Thank you so much for your inputs. The employee is a confirmed one in our company. Ours is a mid-sized IT company. What happens if he does not reply to the show-cause letter we have sent him? How to appoint an inquiry officer? What if he doesn't show up for the inquiry? Can we send him a legal notice to attend this inquiry? Please give me some more inputs on this.
Thanking you in anticipation,
Indrani Chakraborty
From India, Pune
Acknowledge(0)Amend(0)
Dear,
We need to see your Company Integrity Policy, the Letter of Appointment, and any Contracts or written assignments of special duties that enable us to guide you on the roadmap for action. However, only a local consultant can address your day-to-day needs.
V. Sounder Rajan
Off: 044-4262 0864, 044-6587 4684
From India, Bangalore
Acknowledge(0)Amend(0)
We need to see your Company Integrity Policy, the Letter of Appointment, and any Contracts or written assignments of special duties that enable us to guide you on the roadmap for action. However, only a local consultant can address your day-to-day needs.
V. Sounder Rajan
Off: 044-4262 0864, 044-6587 4684
From India, Bangalore
Acknowledge(0)Amend(0)
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Part I Employee Action Analyse.doc