Prateek 23 January 2018

Legal action for absconded employee

Hi, I absonded from my organization in 10th day of training and I want to know up to what extent my company could take any disciplinary or legal action against me. I did not gave them any information or I did not served notice period and stopped going. I know I would be terminated and also blacklisted for that company. However apart from this, I want to know what legal or disciplinary actions could be taken against me. Can they file a law case against me, or can they drag me in court. Or can they publish my name in job market that I am an absconded employee.

Few points from my offer letter :

Notice Period/Termination
(a) Your services may be terminated by either party, giving notice in writing for one month or payment of salary in lieu thereof. The Company reserves the right not to accept salary in lieu of notice.
(b) The Company reserves the right to terminate your employment without notice on grounds of breach of policy or misconduct.
(c) Absence for a continuous period of eight days without prior approval of your supervisors (including overstay of leave/ training) can lead to your services being terminated without notice.
(d) Upon resignation or termination, you shall immediately return to the Company all the assets and property of the Company including documents, files, books, papers and memos whether in hard or soft copy which is in your possession or custody.

Confidential Page 2
(e) Subject to the disciplinary rules applicable to you, your services are liable to be terminated without any notice if the Company is informed of any previous conviction by a court of law involving moral turpitude or if any particulars given in your application form / interview are found to be false or incorrect. You will also be liable to make good the losses, damages that the company may suffer due to any omission or commission on your part.

Disciplinary Actions
You will be governed by the disciplinary rules of the Company as amended from time to time.

I dont have any issues if company terminate me, but I am afraid of legal or disciplinary action. They have sent me show cause letter as well stating that if I do not report to duties, disciplinary action will be taken against me ex parte.

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5 Replies

Kumar Doab (FIN) 23 January 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Kumar Doab (FIN) 23 January 2018

Ref;(c) ………

The SCN is supposed to be aimed to terminate.

SCN copy is with you, and you may go thru IT.

(e) ……..

Apparently as per your post your matter does not fall within IT.

The disciplinary rules were ever circulated to you?

Or you were appraised in writing on how to access these say thru employee log in etc?

Have you recieved the termiantion order?

Kumar Doab (FIN) 23 January 2018

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record………….

Check at LOCAL Labor Court/CGIT/CIVIL Courts/CAT/ HC/SC…………….and you can prepare say list of 5 such counsels..and access them…

Seasoned employee’s/trade unions leaders can also help and guide you.

The leaders and counsels can apprise you with the strategy to handle.

IF you can manage get resignation accepted with discretion of good offices of appointing authority, MD,CEO etc…

Or by now you would have been terminated…..

Or you would be getting some communication declaring any action being apprehended by you..

If IT come approach leaders/counsels….

Better is to approach now and prepare your approach and be properly informed on your approach.