Hi,
I just read about an employee absconding from their job after collecting their salary without notice and receiving a warning letter mentioning termination. I was wondering, is it necessary to use the word "termination"? What I mean is, in our organization, we often refer to such cases as absconding without making any recoveries in terms of the notice period. Our company's appointment letter includes a clause stating, "Your services can be terminated either by yourself or by the employer, by serving a notice period of one month or by giving a month's salary in lieu thereof."
If I issue such a letter, would it be legal?
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From India, New Delhi
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I just read about an employee absconding from their job after collecting their salary without notice and receiving a warning letter mentioning termination. I was wondering, is it necessary to use the word "termination"? What I mean is, in our organization, we often refer to such cases as absconding without making any recoveries in terms of the notice period. Our company's appointment letter includes a clause stating, "Your services can be terminated either by yourself or by the employer, by serving a notice period of one month or by giving a month's salary in lieu thereof."
If I issue such a letter, would it be legal?
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From India, New Delhi
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The word 'termination' is needed because the letter you are supposed to send to the absconding employee is the one that puts an end to the contract of employment. By absenting himself without notice continuously for 7 or 10 days (as per your company policy), he has ceased to be in employment. Still, it is always better to bring it to his notice that he has been terminated. You can also call on him to pay damages in the form of notice pay and other costs like training costs incurred for him, though it is not practical for the employer to recover such costs from a former employee. If he turns up with notice pay, it is good; but if he does not mind it and if he is not bothered about the service certificate withheld by you for want of damages, then you will have to drop it. You cannot enforce a particular clause in an employment letter legally.
Regards, Madhu.T.K
From India, Kannur
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4526Regards, Madhu.T.K
From India, Kannur
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Alignment of Policies and Employee Retention
When the policies, organizational structure, and promotional aspects, along with other benefits, align with an employee, there is usually no case of absconding. Nevertheless, some cases have existed, and these instances are better left unaddressed for the greater prospect of the organization rather than pursuing them.
Prudence in Candidate Selection
In the event of being selected for a sensitive post, we must exercise prudence and carefully select candidates with full scrutiny.
From India, Arcot
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When the policies, organizational structure, and promotional aspects, along with other benefits, align with an employee, there is usually no case of absconding. Nevertheless, some cases have existed, and these instances are better left unaddressed for the greater prospect of the organization rather than pursuing them.
Prudence in Candidate Selection
In the event of being selected for a sensitive post, we must exercise prudence and carefully select candidates with full scrutiny.
From India, Arcot
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf