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AKS_VikasSadan (Finance Consultant, HR)     17 September 2012

Abscond

An employee has resigned and then dissapeared from our office without serving his notice period. Kindly advice what action can we taken against him as it has impacted some critical operations.



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 2 Replies

Kumar Doab (FIN)     17 September 2012

This is an intersting thread and discussion.

As per terms of appointment letter employee is liable to tender the notice pay which your company can also adjust in FNF statement/settlement.Company can issue notice to employer for the affect on critical operations mentioned by you and onus of proving the affect is on the company and onus of defence is on the employee.

Being from HR you may also look into the critical and compelling factors due to which employees resort to abrupt termination and then snapping contact. The environment should be such that employees should feel comfortable and be sure that they shall be given glaring farewell and all superiors,peers and colleagues maintain rapport and goodwill, generated in the times to come.

If the wrok environment was not conducive and employees are apprehensive this kind of conduct is but natural.

We have seen leaders in line management and HR who if move to another company the whole team flock with them.

They do not have issues of attrition.There are companies, lead by leaders who have succession plans.They are not affected by attrition. The show does not stop.The show goes on.

Of course there are employee who are compulsive offenders. If this employee is such you may chase him, and issue notices,legal notice at last known address, publish in two newspaper, declare him absconding, update his personnel file with suitable comments, post adverse comments in reference check.

Valuable advice of learned experts/members is sought.

Kumar Doab (FIN)     18 September 2012

The employee can also visit portals like LCI, or a lawyer in person.

A properly informed employee can contest the actions of the company and succeed too.

Kindly weigh the pros and cons.

HR should be balanced,unbiased and neutral and should never operate on impulse or take directions from line management. HR should refer the matter with balanced commenst for legal opinion to legal cell and let legal cell take any action it wants. There are employer who transfer the onus of decision and action on HR and want HR to face the consequences.


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