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bhavnesh (trainee)     28 April 2015

Employee absconded without giving proper notice

Dear Members,

Recently in our organization an employee “X” after executing Employee Contract Agreement and during his Probation Period he absconded from our Organization within Two Month without giving proper notice,

What action can the company take against the employee, As well as the legal notice is send. Do you think a case can be filed against him and action of company is valid,

As per IPC 368 Legal suit cannot be filed against an employee to perform his contract



Kindly provide me professional advice 


 5 Replies

arulprasath (HR & Legal)     28 April 2015



1. The absconding employee having possession of company valuable material, if any, you can take the legal action against the employee. Mere quite employment cant be take legal action, just that employee was in probation period.

2. Sec 368 is not applicable to this case. Sec 368 deals about kidnapped or abducted

Advocate dishi (AM LEGAL)     28 April 2015

have you given any absconding notice/memo


absconding clause was mentionin appointment letter  or not?

Kumar Doab (FIN)     29 April 2015

You should examine the matter with empathy....... and ascertain why the employee left within 2months? What exactly do you meany by proper notice? The notice period applicable for 2 months of service and probation period may be NIL as pet various enactments applicable to the establishment/employer.....! The service agreement was crafted by WHOM........and in lieu of WHAT.....extra ordinary favor.....e.g.some certified training from an INSTITUTE? SOME AGREEMENT'S ATE NOT EVEN WIRTH THE PIECE OF PAPER ON WHICH THESE ATE WRITTEN. On the contrary if earned wages and service certificate is not supplied within usual pay day employee can lodge complaint and employer cab be personally held responsible and penalized. Employee can file criminal complaint too u/s 406,420.... It has been held that 'EARNED WAGES ARE DEBT ON EMPLOYER'

darshana sawant (associate consultant)     30 April 2015

Dear Mr Bhavnesh,


Please send a letter to the employee asking him to resume duty after giving explanation for his  unathorised absence.  Is there a provision in the appointment letter for termination in case of misconduct?  If so, then, even after receipt of the letter to joint duty, he fails to do so, you can issue a show cause notice.  It is better to follow the process of enquiry and terminate him legally to close the chapter.  If in the contract agreement, there is a clause for breach of contract, you can exercise your legal right under that agreement also. 

Kumar Doab (FIN)     02 May 2015

Aparently the employee has sent resignation with immediate effect/without notice/without full noticeperiod asper appointment letter...................

If the has resigned then he/she has ended the employer-employee relationship and has not ABSCONDED AT ALL.

Absconder is a derogatory word and you/employer should avoid to apply it.

As per previous posts you should have checked the applicablity of notice period in this case as per enactments applicable to establishment/employer and If you have checked and are convinced that notice period in this case is NIL.........................then the T&C inserted related to notice epriod are VOID.

Aparently there is nothing in the matter and it may rather boomrang if you falsify the record.

There does not seem to be any breach by employee.


The employee might also have consulted and be properly informed and supported,by now, bu unions/counsel/lawyer.


However you must show all documents to an able Labor Law Consultant/Service Matters lawyer/Law firm and proceed further after understanding the merits.

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