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An employee joined our organization with a probation contract, with terms of a one-month notice period in case of leaving the company during probation. If a one-month notice period is not possible, the employee would need to pay one month's salary to the company. The employee stopped attending the office once the one-month salary was in the employee's account. Can we take any action as a company for the recovery of the notice pay?

Dear seniors, please suggest how we can avoid such situations in the future.

Thanks

From India, Mumbai
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What do you mean by probation contract?

Please send a letter to the address provided by the employee, stating that he has not reported for duty without prior permission or leave sanctioned by registered post with acknowledgment due. You are concluding that the employee has left the job on his own, which is not correct. First, learn to inform the employee in writing about unauthorized absence and build a record.

From India, New Delhi
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Sir,

We had already sent a letter by speed post (kept a record of the delivery details received from tracking) asking the employee to report or at least call the general manager, but there has been no communication from the employee.

Please advise on the actions the company can take when there is no communication from the employee for more than three weeks.

Thank you

From India, Mumbai
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Congratulations on sending the letter directing him to report for work. For the sake of record-keeping, you have preserved proof of the delivery of your letter. Even after 3 months, the employee has not reported for duty nor sent any communication. Now, for the sake of record, remove the employee's name from your rolls with a prospective date (future date). The reason for leaving should be noted as voluntary abandonment of service. In EPF ECR, mention the date of leaving and the reason for cessation.

Please prepare the full and final settlement and recover any amount due to the company. In case of any pre-employment verification, inform prospective employers that the employee in question abandoned your service without any intimation.

From India, New Delhi
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