Hi Everyone, we are facing a serious issue in our company. One of our employees has taken a salary advance, and after a week, he is absconding. His number is NR. We called his alternate number (his uncle's), as mentioned in the company's records; he said he is unaware of his current location, as he has not come home in a year. We have his voter ID card as a government ID proof.
Legal Action Consideration
My query is, should we go legal to catch him?
Preventive Measures
What can we do to avoid this situation, such as creating a bond/agreement or something else?
Waiting for your suggestions.
From India, Bangalore
Acknowledge(0)
Amend(0)
Legal Action Consideration
My query is, should we go legal to catch him?
Preventive Measures
What can we do to avoid this situation, such as creating a bond/agreement or something else?
Waiting for your suggestions.
From India, Bangalore
Acknowledge(0)Amend(0)
I understand your problem. Please address the following:
A. Reporting and Communication
Since when has he been absconding? If it's recent, please lodge an FIR for the missing person with the Police Station, as he may have met with an unfortunate accident. Send written communication to his family stating that he has been missing from his workplace since a specific date.
B. Employment Category and Union Involvement
Does he fall under the workman category? I assume so, considering he has taken a salary advance, which is a privilege for workers. In this case, raise this issue with the Union leaders and members. Request their cooperation. If there is no news after fifteen days, per his contractual obligations, there is a clause allowing termination of services for abandonment. Deduct his salary advance from his salary and entitlements in the Full and Final (F&F) statement, which I believe will cover the loss amount.
C. Future Precautions
To protect the company's interests in the future, consider giving salary advances/loans to workmen only after they provide two guarantors (colleagues) with a clause stating that if he leaves or absconds, the guarantors would be responsible for repaying the company.
Regards,
Rajat
From India, Pune
Acknowledge(1)
Amend(0)
108A. Reporting and Communication
Since when has he been absconding? If it's recent, please lodge an FIR for the missing person with the Police Station, as he may have met with an unfortunate accident. Send written communication to his family stating that he has been missing from his workplace since a specific date.
B. Employment Category and Union Involvement
Does he fall under the workman category? I assume so, considering he has taken a salary advance, which is a privilege for workers. In this case, raise this issue with the Union leaders and members. Request their cooperation. If there is no news after fifteen days, per his contractual obligations, there is a clause allowing termination of services for abandonment. Deduct his salary advance from his salary and entitlements in the Full and Final (F&F) statement, which I believe will cover the loss amount.
C. Future Precautions
To protect the company's interests in the future, consider giving salary advances/loans to workmen only after they provide two guarantors (colleagues) with a clause stating that if he leaves or absconds, the guarantors would be responsible for repaying the company.
Regards,
Rajat
From India, Pune
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Part I Employee Action Analyse.doc
Employee Salary file - India 2016 AB.xls