Absconding! is this really possible?

If due to biased and discriminqtory attitude of employer, peronal vendetta etc th employer doesn't create conducive friendly atmosphere for the employee, offic politics  and  incessant harassmanet of employee etc may lead to absconding of employee , it will not be fair on the part of employer to disclose  everything about th eemployee from a coloured or biased angle. Even otherwise unless the employee was irresponsible about the job that  too if the future employer asks for his opinion then he should disclsoe irresponsible nature of employee regarding work assigned to him.Due to first job fiasco employee may have learnt his lesson regarding job responsibility and interest in job and not to bother about his office politics or gossip may havetaught him a lesson and experience. So in future employemnt he may turn out to be  a gem  of an employee very responsible showing lot of interest in  job work, trying for innovation in his job etc.In my view work ethics demand that employer  should keep quiet regarding  the employees conduct during his previou s employement to future employer unless that employee is  a dud as far as job work is concerned.If you appreciate this answer please give me alike on my profile.

1. If an employee is absconding/ absenting from his service without permission or authority, then the employer is required to send notice to the employee and ask him to report for duty or to show cause within a stipulated period of time.

2. If such employee does not report for duty or show cause even after receiving the notice from his employer within the stipulated time frame, then the company can initiate domestic enquiry against him by issuing a notice of enquiry.

3. If the company is unable to serve any kind of notice(s) to the employee due to unavaialbility of the employee at home or his change of address or shifiting to any other place, then the company has to publish the notice in any reputated local newspaper. There is nothing illegal in it. However, there should not be anything defamatory in the content of the notice except the factual aspect. (if there is anything defamatory then one can take the shelter of law but not labour law)

4. No contract or terms of apporintment letter can bar his current employer to contact his future employer and explained the scenerio and vice-versa. 

Law makers have taken enough precautions and laid down a procedure to save the employees from the powerful employer.  The issue of notice, publishing it in news papers after returning of such Regd post notice are mere steps in laid down procedure before terminating employee from service.  There is nothing wrong in exchanging of information within employers, and however the past employer makes adverse comments and provides incorrect information, employee may take civil action for defamation against his past employer.   When the service conditions stipulate a rule for resignation, employee has to follow those rules.  By not adhereing to laid down norms, employee himself invited all this adverse publicity from his past employer.

Has the employee resigned?

If employee has resigned he/she may send copy ( sent by post) of notice of resignation/resignation, to employer, by email, from personal email id/again by post-Redg Post.

The moment employee has resigned, emloyee has ended the employer-employee realtionship.

Ask the employee to approach employee'sunions/trade unions, a very able counsel specializing in Labor-Service matters and his counsels shall handle the matter effectively.

There are many highly illustrated threads on Blacklisting, abscondment/abstaining/absenting, that you may search in the option to 'Search' on the right hand side bottom of ths web page in Forum section and in middle of right hand side of any web page in Experts section.

The IT/ITeS Employee's Unions had  taken up the matter with NSR /NASSCOM and they replied in writing that they do not blacklist.................

The BGV/reference check is a practise and emplopyees that are properly informed and duly supported by able counsels, can check abuse by employers..... 

Take your friends to able counsels ASAP.

Wrong word to use ABSCONDING  in case of Employer and Employee

To leave quickly and secretly and hide oneself, often to avoid arrest or prosecution. The notion is of "to hideoneself," especially to escape debt or the law. usually includes taking something or somebody along; "The thief madeoff with our silver"; "the accountant absconded with the cash from the safe"

Absconding is a derogatory word.

On this I agree with Mr. Santosh Kumar.

Yes, the employee can inform that the term absconding is derogatory and may entail an action in defamation.

However, if the employee does not want to continue the job, what prevents him from quitting the job?

The employees that are not properly informed, united, supported by unions'/forums and their counsels are vulnerable to exploitation.

Full facts of the matter are required to address the query, properly.

if this is not your query then have you posted such a long blog for time pass.

Ask yuor friend to post full facts of the matter.

Thanx Mr. Kumar

Dear Mr. Santosh Kumar,

You are welcome.