Some of the options that a company has in case of absconding are:
- Hold the Full & Final Settlement
- No relieving letter
- Providing a negative reference
- Post a rating and negative review on the International Register of Employee & Employer Ratings at www.ireer.org
- Hold social benefits (such as PF) payout to the possible extent
- Initiate legal action for recovery of penalty for leaving without notice, if covered in the employment letter
- Enter employee details in a common Blacklisted Employees list like the one from NASSCOM
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- Hold the Full & Final Settlement
- No relieving letter
- Providing a negative reference
- Post a rating and negative review on the International Register of Employee & Employer Ratings at www.ireer.org
- Hold social benefits (such as PF) payout to the possible extent
- Initiate legal action for recovery of penalty for leaving without notice, if covered in the employment letter
- Enter employee details in a common Blacklisted Employees list like the one from NASSCOM
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First of all, why should an employee want to abscond? Employment terms should be clear and open. An employee absconds for various reasons, one of which is dissatisfaction with the job or supervisor. While one can never create a perfect workplace, one can attempt to have a workplace that is open-hearted and progressive. The best remedy for an absconding employee is to conduct an inquiry and document the facts. While one should not go out of the way to mar his future prospects, the company can provide factual information if a reference is requested. Complete his final settlement and pay the due balances. There is no right to withhold his payments for the period of work.
From India, Pune
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3251From India, Pune
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Dear Gupta,
Abscondence by an employee is basically a breach of the contract of employment and as such a grave misconduct punishable under the service regulations applicable to his cadre of employment.
However, since abscondence or abandonment of employment is distinctly different from that of absence without prior permission or intimation, it is imperative that the act of the employee is to be proved beyond doubt that of abscondence/abandonment of employment by means of disciplinary proceedings initiated in this regard.
In short, it should be proved by the employer that despite all the reasonable means to contact him, the employee remained incommunicado and a formal order of termination of employment should be issued.
Then only comes the step of black-listing, etc., suggested in your post.
Even then, I am unable to accept the withholding of monetary dues like the ones mentioned in your post. When it is dismissal for abandonment, no question of deduction of notice pay from the F&F settlement. Certain dues like wages for the part period worked just before abandonment, statutory bonus, etc., cannot be withheld indefinitely or simply forfeited; instead, such amounts may be deposited with the State Labor Welfare Board under the head of unclaimed amounts if there exists such a provision. As another example of statutory requirements in such a situation, statutory gratuity due to an employee cannot be withheld on the ground of his dismissal for the proven misconduct of abandonment of employment: instead, you can take steps to disburse it to the nominee, if any formally declared by the individual, or simply deposit it with the Controlling Authority under the PGA, 1972. Otherwise, if any claim is made by the employee or the nominee later, you will have to bear the burden of interest under the Act.
From India, Salem
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Abscondence by an employee is basically a breach of the contract of employment and as such a grave misconduct punishable under the service regulations applicable to his cadre of employment.
However, since abscondence or abandonment of employment is distinctly different from that of absence without prior permission or intimation, it is imperative that the act of the employee is to be proved beyond doubt that of abscondence/abandonment of employment by means of disciplinary proceedings initiated in this regard.
In short, it should be proved by the employer that despite all the reasonable means to contact him, the employee remained incommunicado and a formal order of termination of employment should be issued.
Then only comes the step of black-listing, etc., suggested in your post.
Even then, I am unable to accept the withholding of monetary dues like the ones mentioned in your post. When it is dismissal for abandonment, no question of deduction of notice pay from the F&F settlement. Certain dues like wages for the part period worked just before abandonment, statutory bonus, etc., cannot be withheld indefinitely or simply forfeited; instead, such amounts may be deposited with the State Labor Welfare Board under the head of unclaimed amounts if there exists such a provision. As another example of statutory requirements in such a situation, statutory gratuity due to an employee cannot be withheld on the ground of his dismissal for the proven misconduct of abandonment of employment: instead, you can take steps to disburse it to the nominee, if any formally declared by the individual, or simply deposit it with the Controlling Authority under the PGA, 1972. Otherwise, if any claim is made by the employee or the nominee later, you will have to bear the burden of interest under the Act.
From India, Salem
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