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VSingh (Director)     10 February 2015

How to deal with absconding employee

Hi,

I would like to know how to correctly deal with employees that abscond from duty. Later on they typically ask for pending salaries and relieving letters. 

  • What is the legally correct procedure to deal with such people?
  • Can we terminate their employment after sending 1 or 2 notices?
  • Is there a provision in the law to protect employer's interest? e.g. an employee that suddenly goes missing typically causes a loss of more this his/her one month's salary. In such case, the company will further bear more loss by paying them.

 

If we draw up an employment agreement with clause that any un-approved leave of absence for more than 5 days will result in termination - is this legally correct? given that we will add enough clauses to deal with medical emergency of employees and their families (with proof).

 

Thanks

VS



Learning

 3 Replies

Kumar Doab (FIN)     15 February 2015

The Model standing Orders:sec14 deals with it.

The FnF wages , service certificate has to be supplied on day/date of termination.

NO you can not keep 5 days as it is 10 days. 


(Guest)

Please intimate whether the services of the employee is regulated by the conduct & discipline rules of the company or the Certified Standing Orders, as a weoker?

Kumar Doab (FIN)     01 March 2015

1. Don't just write one or two notices but conduct proper inquiry and pass a speaking order...........Take help of an able labor Law consultant/service Matters lawyer/law Firm and thus ensure any inquiry is not termed as Sham.

 

A recent judgment:: decided by Delhi High Court in 2014.

M/s Economic Transport v Dharmendra, 

 

The cited judgement highlights................."Abandonment amounts to misconduct, which requires a proper inquiry................... which has not been conducted in this case. So, abandonment is not proved. "

In addition the misconduct alleged by employer should feature in list of misconducts included in standing orders.

There are judgments that lay down that misconduct that is not included is not ..................a misconduct.

Supreme Court of India
Glaxo Laboratories vs The Presiding Officer, Labour ...


2. The earned wages till last date have to be paid, service certificate has to be supplied.
 
Unpaid wages are debt on employer.
 
3. It is easy to claim loss but that has to be proved.
 
4. Make an attempt to  assess 'Why people don't stay with you'!
 
Make your establishment a preferred one amongst community of employees by putting in genuine efforts.

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