Dear All, Can someone help with the termination of services on absconding grounds, where the employee is not responding and not reporting to the office?
Please also share the details as per labor law and mention under which acts the details are covered.
From India, undefined
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1Please also share the details as per labor law and mention under which acts the details are covered.
From India, undefined
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Dear Anonymous,
In the matter of absconding the employer is in right position to terminate one.
The management can lodge FIR too, where the employee is not responding, not reporting to the office and in possession of company assets with him/her.
The management issue a letter to the employee to resume duty on the stipulated date if failed to do so or do not communicate shall be treated employee abandoned his service. You can put it news paper, if the person have been issued several letters as of now.
The termination is done in violation to the clause of appointment letter as per the ID Act.
From India, Mumbai
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In the matter of absconding the employer is in right position to terminate one.
The management can lodge FIR too, where the employee is not responding, not reporting to the office and in possession of company assets with him/her.
The management issue a letter to the employee to resume duty on the stipulated date if failed to do so or do not communicate shall be treated employee abandoned his service. You can put it news paper, if the person have been issued several letters as of now.
The termination is done in violation to the clause of appointment letter as per the ID Act.
From India, Mumbai
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Termination Due to Absconding
In the instance of an employee absconding, the employer does have the right to terminate the employee as per the Industrial Disputes Act, 1947 (ID Act). It is advisable to follow a due process to avoid any legal complications in the future. Here is a step-by-step guide on how to handle this situation:
1. Issue a show-cause notice to the employee, stating that they have been absent without information and ask for an explanation. This notice should be sent to the last known address, both by registered post and by email.
2. If there is no response within a reasonable time period (usually 7-10 days), issue a second notice. This notice should mention that the first notice was sent and not responded to.
3. In the absence of a response to the second notice, a final termination notice can be issued, mentioning abandonment of services by the employee. It should also mention that the employee was given sufficient opportunity to present their case, but they failed to do so.
Remember, the process may vary slightly depending on the specific laws of your state or the policies of your organisation. Always consult with your legal team or an HR expert before proceeding.
Legal Aspects
As per the ID Act, the termination is done in violation to the clause of the appointment letter. If the employee has company assets, the employer can lodge an FIR. It's important to document all correspondence and action taken in case of future legalities.
Additional Steps
In some cases, employers also publish the notice in a widely circulated newspaper if the employee is not reachable through any means, though this is not a legal requirement and is done mostly as a last resort.
Keep in mind, every case is unique and may require different handling. Always adhere to your company's policies and local labor laws. If in doubt, consult with a legal expert or a senior HR professional.
From India, Gurugram
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In the instance of an employee absconding, the employer does have the right to terminate the employee as per the Industrial Disputes Act, 1947 (ID Act). It is advisable to follow a due process to avoid any legal complications in the future. Here is a step-by-step guide on how to handle this situation:
1. Issue a show-cause notice to the employee, stating that they have been absent without information and ask for an explanation. This notice should be sent to the last known address, both by registered post and by email.
2. If there is no response within a reasonable time period (usually 7-10 days), issue a second notice. This notice should mention that the first notice was sent and not responded to.
3. In the absence of a response to the second notice, a final termination notice can be issued, mentioning abandonment of services by the employee. It should also mention that the employee was given sufficient opportunity to present their case, but they failed to do so.
Remember, the process may vary slightly depending on the specific laws of your state or the policies of your organisation. Always consult with your legal team or an HR expert before proceeding.
Legal Aspects
As per the ID Act, the termination is done in violation to the clause of the appointment letter. If the employee has company assets, the employer can lodge an FIR. It's important to document all correspondence and action taken in case of future legalities.
Additional Steps
In some cases, employers also publish the notice in a widely circulated newspaper if the employee is not reachable through any means, though this is not a legal requirement and is done mostly as a last resort.
Keep in mind, every case is unique and may require different handling. Always adhere to your company's policies and local labor laws. If in doubt, consult with a legal expert or a senior HR professional.
From India, Gurugram
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
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(Fact Checked)-Your explanation is largely accurate, but remember, termination should be the last resort after all attempts to contact have failed. Always follow fair practices. (1 Acknowledge point)