What To Do When Employee Abscond Without Notice Period?

[Dinesh]

Some of the options that a company have in case of absconding are:

• Hold the Full & Final Settlement
• No relieving letter
• Providing Negative reference
• Post a Rating & Negative review on International Register of Employee & Employer Ratings.
• Hold Social Benefits (such as PF) payout to the possible extend
• Initiate Legal action for recovery of penalty for leaving without notice, if covered in the employment letter
• Enter employee details in a common Blacklisted employees list like the one from NASSCOM

[I_am_the_Cosmos]

Certain dues like wages for the part period worked just before abandonment, statutory bonus etc cannot be withheld indefinitely or simply forfeited: instead such amounts may be deposited with the State Labor Welfare Board under the head of unclaimed amounts if there exists such a provision. As an yet another example of statutory requirement in such a situation, statutory gratuity due to an employee cannot be withheld on the ground of his dismissal for the proven misconduct of abandonment of employment : in stead you can take steps to disburse it to the nominee, if any formally declared by the individual or simply deposit it with the Controlling Authority under the PGA, 1972. Otherwise, if any claim is made by the employee or the nominee later, you will have to bear the burden of interest under the Act.

[I_am_the_Cosmos]

• As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

• Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.

• Except, recovery of the said amount, company cannot harm you for the same

• Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

• Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

• Hence, just send an information to the organisation for resignation.