Dear all,
If an employee has absconded without any written or email communication, can the employer claim that due to his absconding, there was a significant loss incurred that should be reimbursed? The offer letter states: 1) A bond of 50k or submission of documents upon joining, and 2) Damages caused by the employee can only be reimbursed.
Based on this, can anyone suggest the potential outcomes and advise on how an employee should proceed to defend themselves?
From India, Mumbai
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If an employee has absconded without any written or email communication, can the employer claim that due to his absconding, there was a significant loss incurred that should be reimbursed? The offer letter states: 1) A bond of 50k or submission of documents upon joining, and 2) Damages caused by the employee can only be reimbursed.
Based on this, can anyone suggest the potential outcomes and advise on how an employee should proceed to defend themselves?
From India, Mumbai
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If absconding or unauthorized absence is described as misconduct in the list of misconducts, then the employer should hold an inquiry as per the principles of natural justice and may impose punishment of dismissal or termination. No further damages can be recovered from the employee. Even if a bond has been executed by the employee, then even under the Shops and Establishment Act or Payment of Wages Act, deduction on this count of damages is not permissible as only authorized deduction under the various heads as specified in these Acts is permissible. See the thread entitled "Breaking of Bond" in this regard.
An employee should submit medical certificates, etc., as proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise, reply and defend on the above lines.
Thanks,
Sushil
From India, New Delhi
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236An employee should submit medical certificates, etc., as proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise, reply and defend on the above lines.
Thanks,
Sushil
From India, New Delhi
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P.S. pl read the thread "Break of bond" instead of breaking of bond, on my page on this citehr to see details of defence approach relating to bond viability. Thanks Sushil
From India, New Delhi
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From India, New Delhi
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I have a formal question. If any person joins the company but does not sign the offer letter or complete any joining formalities, and then leaves the job within 2 days, can the company file a case against this employee?
From India, Pune
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From India, Pune
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Hi,
In my company, 2 employees have not come to work for the last month. I have already sent letters to their homes, but have not received any response from them as they have joined another company.
Please suggest the actions that are required.
Thanks.
From India, Pune
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In my company, 2 employees have not come to work for the last month. I have already sent letters to their homes, but have not received any response from them as they have joined another company.
Please suggest the actions that are required.
Thanks.
From India, Pune
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My current employer has a notice period of 3 months, but in the offer letter, it was mentioned that the "management reserves the right to waive off the notice period and relieve the employee immediately upon paying the base salary in lieu of the said notice period." However, when a colleague of mine submitted his resignation and was prepared to serve the 3 months' notice period, they informed him that he could be relieved immediately without notice period. He then demanded the 3 months' base salary as stated in the offer letter. However, the management only paid the salary up to the resignation date, sent him a relieving letter and salary slip (both by email), and has been unresponsive to calls made to them. Can he sue the company for not providing him with the base salary as promised in the signed offer letter? Any immediate responses would be helpful.
From India, Bengaluru
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From India, Bengaluru
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Hi! I have an issue and am looking for a good suggestion. Sometimes, new candidates join the company, complete documentation, and join without any further communication. However, the next day onward, they stop coming. Are there any rules regarding this that a company should implement before a candidate joins to avoid these situations?
From India, Ranchi
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From India, Ranchi
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