Hi, If anyone absconds from a company, without paying the notice period amount or serving the notice period. Can the company take legal actions against the employee. Company is based in india.
From India, Pune
From India, Pune
hi, If you have signed a bond or agreement then only you can go for legal. If not, you can hold up on his FnF and relieving letter.
From India, Pune
70From India, Pune
You can only hold on his F&F and relieving letter otherwise what else you can do. Further you can recover notice period of one month depending on what position he was working.
if the employee is falling under the category of workman than only one month notice period is recoverable legally, not more than this. IESO/Shop Act recongnize notice period of one month.
in case employee is working in capacity of superviosor/manager than notice period as per his contract of employment shall be recoverable through civil suit, that's further depends on fact and circumstances on the case.
contrary to as stated above by learned fellow member, would like to state even he has signed bond/indemnity whatever, can not hold him, in such case will also not be tenable in court.
if the employee is falling under the category of workman than only one month notice period is recoverable legally, not more than this. IESO/Shop Act recongnize notice period of one month.
in case employee is working in capacity of superviosor/manager than notice period as per his contract of employment shall be recoverable through civil suit, that's further depends on fact and circumstances on the case.
contrary to as stated above by learned fellow member, would like to state even he has signed bond/indemnity whatever, can not hold him, in such case will also not be tenable in court.
Dear Sneha
With respect to your post regarding legal action against an absconding employee, I would explain that terms of appointment letter will be considered as basis to decide the course of action. The notice period or payment in lieu of notice period is applicable when an employee wants to resign from the service. In this case you state that the employee is absconding i.e. he absenting himself unauthorisedly. Therefore in the present case the action as provided in the rules or appointment letter for unauthorized absence has to be taken. Such an action would be legally valid in terms of appointment letter or rules of the Company.
In case an employee has committed some embezzlement/fraud or committed other kind of criminal breach of trust then your company can move the court by following due procedure of law.
This is all that your company can do. You can not recover any kind of payment in lieu of notice or compensation unless your company can substantiate heave loss on account of employees absence but in that case the term of appointment must contain a condition to this effect.
It is suggested that appointment letter needs to be drafted carefully with relevant terms and conditions for future.
With due regards.
From India, New Delhi
With respect to your post regarding legal action against an absconding employee, I would explain that terms of appointment letter will be considered as basis to decide the course of action. The notice period or payment in lieu of notice period is applicable when an employee wants to resign from the service. In this case you state that the employee is absconding i.e. he absenting himself unauthorisedly. Therefore in the present case the action as provided in the rules or appointment letter for unauthorized absence has to be taken. Such an action would be legally valid in terms of appointment letter or rules of the Company.
In case an employee has committed some embezzlement/fraud or committed other kind of criminal breach of trust then your company can move the court by following due procedure of law.
This is all that your company can do. You can not recover any kind of payment in lieu of notice or compensation unless your company can substantiate heave loss on account of employees absence but in that case the term of appointment must contain a condition to this effect.
It is suggested that appointment letter needs to be drafted carefully with relevant terms and conditions for future.
With due regards.
From India, New Delhi
Dear Friends
Supporting to above query, please provide inputs on below..
Please share the procedure to remove an employee name from muster rolls, if he/she absconds from company without resignation
& service of notice period.
What would be the legal implications an employee can raise, if a company terminate employee from muster rolls.
Regards,
sekhar
From India, Chandra
Supporting to above query, please provide inputs on below..
Please share the procedure to remove an employee name from muster rolls, if he/she absconds from company without resignation
& service of notice period.
What would be the legal implications an employee can raise, if a company terminate employee from muster rolls.
Regards,
sekhar
From India, Chandra
Dear Mr Sekhar
Your query is how to remove the name of an absentee employee who has not resigned or given notice. The golden rule in such cases is that you have to refer to the terms and conditions of the Appointment Letter and disciplinary rules of your company. However in the absence of any written rule on the subject, a written notice is to be sent to the absentee employee intimating the fact of his unauthorised absence from the respective date. An opportunity has to be given to him to report to duty immediately. It is to be further intimated that services of the absentee employee will stand terminated without any further reference or notice in case he fails to report back to duty by the due date.
After expiry of the due date, if the employee does not report back to duty, a written letter is to be sent at the last known address that his services stand terminated and his name removed from the muster rolls of the company.
If the above procedure is followed, the absentee employee can not claim any compensation through any court except the dues of wages, if any, that may be payable to him subject of adjustment of company\'s outstanding, if any.
Regards,
Srivastava C.M. Lal
09818680671
From India, New Delhi
Your query is how to remove the name of an absentee employee who has not resigned or given notice. The golden rule in such cases is that you have to refer to the terms and conditions of the Appointment Letter and disciplinary rules of your company. However in the absence of any written rule on the subject, a written notice is to be sent to the absentee employee intimating the fact of his unauthorised absence from the respective date. An opportunity has to be given to him to report to duty immediately. It is to be further intimated that services of the absentee employee will stand terminated without any further reference or notice in case he fails to report back to duty by the due date.
After expiry of the due date, if the employee does not report back to duty, a written letter is to be sent at the last known address that his services stand terminated and his name removed from the muster rolls of the company.
If the above procedure is followed, the absentee employee can not claim any compensation through any court except the dues of wages, if any, that may be payable to him subject of adjustment of company\'s outstanding, if any.
Regards,
Srivastava C.M. Lal
09818680671
From India, New Delhi
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Legal Clarification on Absconding & Contract Labour.pdf