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Have a look at the service provided by Abscontrack for absconding employees --> http://www.abscontrack.com/

Abscontrack is a cloud-based industry-wide database for tracking and profiling absconding employees while allowing employers to verify onboarding employees. The platform is simple, user-friendly, and offers complete transparency.

From India, Mumbai
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Hello,

Am I right in understanding that an employee with just 2 or 3 months of service is obliged to serve 45 days' notice if he wishes to leave? Normally, employees while on probation are not forced to give any notice of separation, but if in the case at hand, the contract of employment provides such a stipulation, then the concerned employee is bound to serve the notice period if he has accepted the contract of employment with all terms and conditions.

I am afraid that the company has no recourse to enter into any litigation except under civil law for breach of contract, which by itself is known to be time-consuming and costly. Normally, I would not advise employers to apply resources for such a case.

I suggest you accept reality and let him go. But please do consider if you need to rethink your approach of asking for 45 days' notice as bondage even while on probation. The general practice is to ease the separation of an employee on probation as neither party has invested substantial resources. It is more advisable to devise ways to retain an employee who you have found suitable for your organization.

That's all I would say at this stage. If you need to raise more questions or to share more information that might justify a different view, I would be glad to assist!

Regards,
Samvedan
April 30, 2015

From India, Pune
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Hello,

When an employee absconds from the company, the entire pressure falls on the HR department. Therefore, HR should consult with the company director and appoint a private attorney to handle all types of litigation.

Furthermore, the only solution to this issue is to send a legal notice to the absconded employee, outlining the entire scenario, and requesting compensation within a specific timeframe. If there is no response, proceed with a civil suit for damages. This approach will undoubtedly assist you.

Thanks,
Lovedeep S. Sodhi
Pb. & Haryana High Court

From India, Chandigarh
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