sneha (associate) 07 May 2014

Legal issues on absconding from co.

Hi,

What are the legal issues a company can make against an employee if he/she absconds, without serving any notice period or paying the notice amount.

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2 Replies

Kumar Doab (FIN) 07 May 2014

Generically speaking: None.

Resignation (separation by employee) can be without permission and notice.

To initiate an altercation anyone can state anything.However the party that initiates altercation should be prepared to face the outcomes too.

It shall be appropriate to show the service conditions, standing orders, appointment letter/contract of employment, service rules and regulations, to a competent and experienced labor consultant/service lawyer and give inputs in person.

It shall also be better to disclose and not conceal the conditions and situation under which employee had to leave. It is not advisable to level any false allegation. False entries in record shall be unfair and may get termed as offence.

Notice period/pay does not depend upon appointment letter alone.

The employer if notice period/pay is applicable may adjust it in correct FNF statement, compute all payables to employee in it and send to employee for verification and acceptance. If after computing all payables some amounts are due to be paid by employee the employer may demand it to be paid by employee.