Our company has a policy to declare employees absconded if he/she remains unavailable or absent from duty for a period exceeding 7 days.
Also, if an employee (on an ad hoc basis, temporary, probationer) leaves the job with a notice period lesser than one month, then he is declared absconded. What are the consequences and validity of the same, and can such employees challenge this decision of the employer?
From India, Jaipur
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1Also, if an employee (on an ad hoc basis, temporary, probationer) leaves the job with a notice period lesser than one month, then he is declared absconded. What are the consequences and validity of the same, and can such employees challenge this decision of the employer?
From India, Jaipur
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No validilty. It seems that you follow this practice for your own sake of Satisfaction rather observing regulations laid by the LAW.
From India, Pune
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From India, Pune
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Had this 'Abscond' clause been clearly mentioned in the offer letter and you have their acceptance to the same, the employee has very little grounds. If no such clause is mentioned in the offer letter, then if an employee remains absent for 15 days, you cannot terminate them without proper notice. A permanent employee can go to court if they are terminated without notice.
As per the law, you need to send a notice through registered post/speed post asking them to report to duty before the said date. The letter should clearly mention that if they do not turn up, their employment would be terminated. In the event the letter is not delivered due to reasons like the wrong address or the addressee refusing to collect it, you can send an email to the address provided at the time of joining. Upon the expiry of the said period, you can terminate them. The termination letter has to be sent via post or email.
Employees submitting a proper resignation letter cannot be termed as 'Absconded'. At most, the organization can withhold their relieving letter.
From India, Chennai
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As per the law, you need to send a notice through registered post/speed post asking them to report to duty before the said date. The letter should clearly mention that if they do not turn up, their employment would be terminated. In the event the letter is not delivered due to reasons like the wrong address or the addressee refusing to collect it, you can send an email to the address provided at the time of joining. Upon the expiry of the said period, you can terminate them. The termination letter has to be sent via post or email.
Employees submitting a proper resignation letter cannot be termed as 'Absconded'. At most, the organization can withhold their relieving letter.
From India, Chennai
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc