Dear Team, Please Help me how to recover service notice period amount and other dues from employees when they absconding or separated from company i am asking for the BPO companies.
From India, Hyderabad
From India, Hyderabad
Dear Prabhu,
If your contract is as per legal requirement/valid then you can send a letter about recovery then this matter can take in court and if court find the seriousness of issue ,they can issue a legal notice to the employee ,even if concern employee is absconding and not replying to court orders ,the concern person will be issue a police search warrant.
This is a lengthy procedure and organisation should take benefit of this.
Best Regards
Global Overseas-Delhi office
9899775578-
From India, Delhi
46If your contract is as per legal requirement/valid then you can send a letter about recovery then this matter can take in court and if court find the seriousness of issue ,they can issue a legal notice to the employee ,even if concern employee is absconding and not replying to court orders ,the concern person will be issue a police search warrant.
This is a lengthy procedure and organisation should take benefit of this.
Best Regards
Global Overseas-Delhi office
9899775578-
From India, Delhi
Arrest warrant against an employee not reporting to his office? On what ground a warrant is issued? Is it a cognizable offence or non cognizable?
These are service matters wherein the relationship between employer and employee is defined mainly by way of certified Standing Orders and Industrial Disputes Act. Being a BPO firm, I believe, you may not have a Standing Order. As such at least proceed as per appointment letter given. Normally, nothing would be there in appointment letter regarding how to proceed with the employee absconds. If so, follow the principles of natural justice and conduct an enquiry. This should be a domestic enquiry and not an enquiry by the Police Department after filing a complaint.
A domestic enquiry starts with sending a show cause notice to the employee to his residential address. You can even give two or three of such letters if the employee does not respond. This is to give him a chance to defend the charge that he is absconding.
Now, recovering the dues by way of notice pay is a different issue. Once it is proved that he has left your company, you can proceed with recovery of notice pay. An employee who is not responding to the various letters sent by the company will not find ease to come and settle whatever he is suppose to pay to the company by way of notice pay. If so, what shall be the step?
In my opinion only civil suit against the employee is the remedy, because in the absence of any provision in this regard in the certified Standing Orders of the company, under Labour Laws (Industrial Disputes Act) there is no provision which makes it mandatory for an employee to serve notice or pay lieu of notice period if he wants to leave the company. Certainly, if the employer wants to send one employee out, he should serve notice or pay salary in lieu of such notice but not for an employee. Therefore, he is always in a better position. I do not know if any company has ever filed any case against an employee for recovering notice pay from him. It may hardly make a month's salary but the time and money that the company should invest in court formalities would be much higher than the amount that the company will gain. If, suppose, the company files a suit and the employee presents before the court and submits that he did not get any communication sent by the company due to some valid reasons and to the contrary, he had sent his letter of resignation and the reasons for his resigning included some inhuman and anti labour attitude shown by the company, and accepting the plea the court finds it improper to recover notice pay from the employee, the time and money will be lost.
Recently I had a similar experience in Kerala. The issue reached only the District Labour Officer level and when the Asst. Labour Officer inspected the records of the company, there were a lot of short falls with regard to statutory compliances. Then the management had to amicably settle the matter any how.
Employment is definitely a contract. In that contract there may be a clause that without notice neither party should terminate it. Absconding being violation of this clause, you can initiate suit for breach of contract. If you are sure that the court will not interfere in Labour Law related issues, you may file a case against the employee in a civil court. But before that ensure that you have sent letters to him calling his attention to resume duty or directing him to show cause and directing him to pay the notice pay. Without these steps your suit will not be maintainable.
Regards,
Madhu.T.K
From India, Kannur
These are service matters wherein the relationship between employer and employee is defined mainly by way of certified Standing Orders and Industrial Disputes Act. Being a BPO firm, I believe, you may not have a Standing Order. As such at least proceed as per appointment letter given. Normally, nothing would be there in appointment letter regarding how to proceed with the employee absconds. If so, follow the principles of natural justice and conduct an enquiry. This should be a domestic enquiry and not an enquiry by the Police Department after filing a complaint.
A domestic enquiry starts with sending a show cause notice to the employee to his residential address. You can even give two or three of such letters if the employee does not respond. This is to give him a chance to defend the charge that he is absconding.
Now, recovering the dues by way of notice pay is a different issue. Once it is proved that he has left your company, you can proceed with recovery of notice pay. An employee who is not responding to the various letters sent by the company will not find ease to come and settle whatever he is suppose to pay to the company by way of notice pay. If so, what shall be the step?
In my opinion only civil suit against the employee is the remedy, because in the absence of any provision in this regard in the certified Standing Orders of the company, under Labour Laws (Industrial Disputes Act) there is no provision which makes it mandatory for an employee to serve notice or pay lieu of notice period if he wants to leave the company. Certainly, if the employer wants to send one employee out, he should serve notice or pay salary in lieu of such notice but not for an employee. Therefore, he is always in a better position. I do not know if any company has ever filed any case against an employee for recovering notice pay from him. It may hardly make a month's salary but the time and money that the company should invest in court formalities would be much higher than the amount that the company will gain. If, suppose, the company files a suit and the employee presents before the court and submits that he did not get any communication sent by the company due to some valid reasons and to the contrary, he had sent his letter of resignation and the reasons for his resigning included some inhuman and anti labour attitude shown by the company, and accepting the plea the court finds it improper to recover notice pay from the employee, the time and money will be lost.
Recently I had a similar experience in Kerala. The issue reached only the District Labour Officer level and when the Asst. Labour Officer inspected the records of the company, there were a lot of short falls with regard to statutory compliances. Then the management had to amicably settle the matter any how.
Employment is definitely a contract. In that contract there may be a clause that without notice neither party should terminate it. Absconding being violation of this clause, you can initiate suit for breach of contract. If you are sure that the court will not interfere in Labour Law related issues, you may file a case against the employee in a civil court. But before that ensure that you have sent letters to him calling his attention to resume duty or directing him to show cause and directing him to pay the notice pay. Without these steps your suit will not be maintainable.
Regards,
Madhu.T.K
From India, Kannur
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