Absconded from the services


I have a situation to discuss.

A trainee was hired by a software company on stipend. 

Training period was 6 months.
It was clearly mentioned in the offer letter that if his performance was found satisfactory company will confirm him before 6 months and if performance was not satisfactory then confirmation will extend further.

Performance was not up to the mark hence his confirmation was postponed.

On one Friday evening, around 5:00 PM, he has sent a resignation mail & went home.

On Monday morning, when HR team was trying to approch him to discuss about his resignation & separation process, they found that he has not in office.
After two days of follow ups when he didn't respond to his calls, HR team tried to approch him though the emergency contact number, which he has provided at the time of joining.

On that emergency contact number, his father responded the call & rudely replied that "my son is preparing for CAT exams, and he will not join Office further".

Company has closed his account & in records it was mentioned that "this emplyoee has absconded from the services, hence services terminated".

Now, after two plus years, this trainee started approaching to the company and doing vigorous follow up to complete the exit process & sending mails to sue the company if his exit process won't be complete and experience letter won't be released by company.

Please suggest the legal compliances.

Kind Regards,
Company HR
 
Reply   
 
FIN

Waive off notice period/pay, send acceptance of resignation, salary slips of all months, correct FnF sheet,FnF payout if any,  Form16  as per correct FnF sheet, PF a/c number and a/c slips of each year (if applicable) , ESIC number (if applicable), Service Certificate, Relieving letter and close the matter…………

Notice period/pay is part of service conditions and is covered by various enactments applicable to establishment and employee and in case of covered employees enactments shall prevail upon any private agreement that employer drafted and signed with employee………..

Exit process is nothing but handover of assets of company if any….and handover if applicable.

HR personnel should advise he employer properly and avoid acting on impulse and sticking one’ neck in unnecessary litigation….

Close the matter….

 
Reply   
 


FIN

While posting such queries one should post basic information about employee and establishment!

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?

 

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……………?

 

 
Reply   
 
 

Mr.Kumar Doab.

establishment - software company.

no member of employee's/trade unions.

No handover done. No acknowledgement & acceptance of resignation done.
 
Reply   
 
FIN

You have not posted reply to all points.

If you post I shall share more..

Software companies are covered by State Shops & Estbs Act...

Notice period/pay is inserted in It for employer/ employee.

The provision for notice pay in lieu of notice period is also narrated...

The employee has duly sent/supplied resignation..........and severed employer/employee relationship....

The establishment in qestion can also/might also be issuing termination order without notice....

 
Reply   
 

1.yes. 2. I couldn't get it clearly. Please elaborate. 3. I couldn't get it clearly. Please elaborate. 4. No, resignation was not accepted, he just sent a mail and vanished. Eventhough he was not even responded when company tried to approch him to discuss the exit process. 5. I couldn't get it clearly. Please elaborate
 
Reply   
 
Advocate

The resignation mail sent by the employee and his none availability to finalise the existing process from the company is his wrong for which now after 2 years he cannot blame the company.

Basic rule to be noted is that a person cannot take advantage of his own wrong and cannot seek relief from any authority including judicary.

You have sufficient evidence on record of the misbehaviour of the employee and in reply to his threatening mail you may point out all what was done by both parties and his own wrongful act of vanishing from the company without finalising the existing process two years back. The company is not responsible for any wrong committed by the employee while dealing with the company, completely ignoring the terms and conditions relating to employement moreover the employee was not confirmed and was only for probation period of 6 months where his work was found not satisfactory up to the standard of the company. Keeping all this in mind the threatening mail by the person amounts to criminal intimidation.No further action need to be taken in the case as he has nothing to get from the court in these circumstance.

 
Reply   
 
FIN

The number 1 to 5 is given by you to which points…?

Clarify and I shall share.

 
Reply   
 
FIN

NO need is felt to discuss the underperformance and extension of probation.

You may also post the Trainee was recruited as per Standing Orders of Management or IT was Apprentice as per Apprenticeship Act/Rules…?

The amount was paid as salary or stipend? (Reconfirm; although you have mentioned Stipend).

If employee ws Trainee and stipend was paid then don’t hesitate to confirm on standing orders. 

 

Did establishment communicate as posted by you; verbally by phone calls or in writing by emails or Redg. Post?

 
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