An absconding case


Hi.

Can anyone shed some light on this.  

A person has joined a company and his/her contract states that a 3 months notice is required even during probation however he/she has absconded during the 4th month.  The company has sent 1 warning letter and then sent a letter to recorver the damanges due to not serving the notice period.  

In the recorver letter, the company has quoted a huge sum.  Can the company quote any amount to be recoverd stating its client impact? how could it be justified? In this case they have quoted a figure of 4 lks wherein the annual package of the individual itself is 2.5 lks.  The work type is a non complex one. and the break down of the recover figures too dont match eg - training cost is put down as 60k where in only a 2 week training is provided by a fellow employee with no training material in place.

How can the employee counter this letter?  Or does he/she have to pay the sum as he/she has signed the contract.  Note that its an employment contract and not a bond.  Also he/she does not require the relieving letter.

Thank you for assistance in this manner. 

 
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Advocate

Damages claimed by anyone has to be justified & if so required duly supported by evidence. A reply to the demand should in any case be sent else it would be considered as an acceptance. For exact counters you need to discuss it with a competent lawyer who can see all facts & advise.

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legal advisor

First look into the terms specified in the appointment order regarding the issue you mentioned.based on the violated clause send the legal notice a reply and wait

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Lawyer

Discuss the issue with employer and find out some solution. However, it would be better to consult a local lawyer with your appointment letter and/or other documents held with you for proper advise.


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FIN

You have posted that:

 

  1. “Or does he/she have to pay the sum as he/she has signed the contract.  Note that its an employment contract and not a bond. “ 

The whole contract verbatim should be examined by an able labor law consultant/service matters lawyer/law firm and the counsel that has examined the contract verbatim can advise you the best.

What was the relationship;employer-employee or establishment-contractor?

Was any appointment letter, salary slips of all months,PF number,ESIC card,I/Card,group Insurance issued to you?

What are the monthly wages?

What is this establishment;Commercial,Industrial?

What is its line of business: e.g. IT,Banking?

How many persons are employed in it?

Does company have its certified standing orders (CO) and is your designation covered by CO…………….Or do the Model Standing Orders apply to it?

You were located in which state?

Redg. Office,your reporting office,coprporate office is located in which state?

What is the designation and nature of duties?

How many person were reproting to you and did you have any power to sanction leave/increment/apoint/terminate?

Are you a member of Employee’s/Trade Unios?

The employee should also observe some discipline and must not abscond and should submit resasonable notice of resignation, affirming to handover the charge and declaring that NO TASKS are pending at his/her end…………………………or atleast resignation…………………under proepr acknowledgment.

 

The employees that are not united are ill informed and succeptrible to exploitation and make blunders like this employee has made.

 

The employee should alaways retain access to ana able labor law consultant/service matters lawyer/law firm.

 

 

2. “Also he/she does not require the relieving letter.”

Even if he/she does not ………………….the service certificate,relieving letter, salary slips of all months,PF number,ESIC card,I/Card,group Insurance number, NOC/NDC ,Correct FnF statement showing earned wages/leave encashment/bonus/OT /adjustment of notice pay/penalties/loss etc clearly defined in it ,Form16 as per correct FnF statement etc….should be demanded and obtained.

 

3. Notice period/pay: is part of service conditions and governed by various enactments applicable to employer/establishment/employee and these enactment shall prevail upon any private agreement/contract crafted by employer and signed with employee.

The notice period of 90 days may not necessarily be applicable in your case and may be void.

 

4. Training: the training that is required to familiarise the employee with products/policies/staregies/systems etc of the company so as to enable the employee to ahndle the counters of the employer………………..has to be provided without any cost to employee.

It is sworn duty of the seniors to support juniors.

Aparently NO CERTIFIED TRAINING FROM SOME RECOGNISED ISTITUTION that added any qualifcation to employee was provided and as posted by you there was no training material in place.

 

5. You have also posted that no loss was caused by your separation.

6. If you have sent a notice/resignation by normal post you may attach the copy with your reply thru Redg. Post. The reply should be drafted by an able labor law consultant/service matters lawyer/law firm

7. Why did the employe abscond? Was there any rudeness,pressure, exloitation,extendede working hours without OT, supression of rights and demands,bad work culture etc……..?

 

 

You may reply pointwise to all points.

 

 


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FIN

Repeated at:

 

http://www.lawyersclubindia.com/forum/An-absconding-case-120890.asp

 
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FIN

Instead of repeating post reply pointwise and continue in one thread.


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Hi.  Apologies for having posted this twice. I posted in earlier in the 'Other' Sub Tab and realised it was not a good idea. hence i posted it again under the 'Insurance' sub tab. 

Let me just say, that i am flabbergasted by the responses that you all have provided.  Thank you for taking the time out to do so.  All in all i believe this individual needs a lawer to help him sort it through.

I do have one more question however, its a bit silly but i am gonna throw it out there.  Since no legal proceedings have started and hopefully they dont escalate any further never the less what would you consider the costing would be to hire a lawer for the above mentioned senario?  A rough estimate should be fine.  And also, would there be a section on this portal by a way he can hire a lawer for the above query? Please note that this individual resides in Mumbai, and the company is in mumbai as well.

Once again thank you for the time to look into this.

 
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For your subsequent question:  Hiring a lawyer is purely one's own decision and the fee charged by the lawyer will depend on the individual.  The lawyer may have a tall standing with expertise credential hence he may charge his own fee structure which may not be affordable to you but you cannot blame him for that.  Therefore you have tto make a search of a good lawyer with reasonable fee will depend on you that how you verify and through what source.  You can have the details of lawyer in Mumbai from this forum's data base too.

Basically the issue is that the employee left the company without any intimation rather called as absconding.  Under such situation the demands from the company side though not reasonable but will appear justified in view of the employee's act.  So instead of wasting more time on discussion, better engage a lawyer and deal with the issue appropriately.

 
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FIN

The soloution has been provided.

For better understanding reply pointwise to all points.

 

 
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