Abscording form company without any notice
ranjit kumar das
(Querist) 27 June 2012
This query is : Resolved
Dear Sir,
I have the honor to inform you that I have been worked with HDFC life at Guwahati in the month of Feb'2010 after five days working i am not interest to work with the hdfc life because my work is not related with my offer letter, so without any intimation to company I have leave that company due to that time and not well due to my illness.But at present I came to know that they mark me absconding form my in their HR record without any notice to me.
Kindly help me and inform me without notice a company is make me absconding employee.
With Regards
Ranjit Kr. Das
Ph. 9508004220
Guest
(Expert) 27 June 2012
You are to follow the terms & conditions laid down in your appointment letter for termination of contract.Normally such type of contract cotains a stipulation that either party may terminate the contracy by serving one/three months notice or one/three monthspay in lieu thereof.
However , you please consult a lawyer having expertise in service matter for apprpriate action in the matter
SAINATH DEVALLA
(Expert) 27 June 2012
When you joined HDFC,you would have been given the appointment letter,prescribing it the terms and conditions of employment.What we do is,we don't go through the terms and conditions before signing he document.You left the Bank without informing them and they would have certainly gone as per the rules.Absence from official duty without informing the employer amounts to absconding.
Sankaranarayanan
(Expert) 27 June 2012
As simple as you should follow the contract mentioned in the appointment order otherwise it means breach of ccontract. You r anwerable for the clause
Guest
(Expert) 27 June 2012
No notice is given to an employee absenting from duty unauthorisedly. An employee absenting without information, permision, and sanction of any kind of leave, or resignation is treated as absconding. No notice is necessary to be given to the employee while treating him absconding on account of such type of his absence.
Notice is served only when the employer intends to take disciplinary action against the employee, as unauthorised absence is treated as a misconduct on the part of the employee. You were required to submit due resignation notice and got relieved by official orders of the employer before leaving your job.
So, you may not get any notice till the company desires first to get compensated as per the terms of appointment. After that, if the company finds it necessary to take any disciplinary action, that will serve you a notice for that purpose and take further necessary action.
Once the company shows you absconding and also terminates you on that count that would be a stigma on your career and may also put hurdles in your future employment with other companies, if they try to get your background verified.
Sudhir Kumar, Advocate
(Expert) 15 July 2012
You alreayd have raisede same uery on a thread at http://www.lawyersclubindia.com/experts/abscording-form-company-without-any-notice-317806.asp
Guest
(Expert) 16 July 2012
In most of the companies there is usually a clause in the appointment letter that in case any employee remains absent from work for more than 3 consecutive days without infroming H.R. Dept. then management reserves the right to terminate the services of such employee.However, prior to that they hold a disciplinary proceedings and for that purpose they issue a public notice directing the concerned employee to appear before the Inquiry Officer, in case their notice remained un-delivered to him.
Sudhir Kumar, Advocate
(Expert) 17 July 2012
Public notice is required only if they fail to serve notice in person or by mail.
They are not bound to issue any notice for keeping him on as absconder. he does not have a right to be treated as on duty without going to office even if they company is chartable enough not to terminate him by ex-parte inquiry.
Guest
(Expert) 18 July 2012
What action a company will take against an absconding employee depends upon the service rules of the company.
Normally , the company initially issues a general notice enquirying about the reason for his abscence, followed by a show-cause notice,a warning letter and finally termination letter.It holds an inquiry before terminating his service.
Many companies issue a public notice before terminating the service of an absconding employee vide specimen given below:
PUBLIC NOTICE
General Public is hereby informed through this notice that Mr. X , S/o Z R/o ............. has been absconding from his employment with effect from ........His services has been terminated and he is no more in employment of M/s ABC Ltd. of ...............
Sudhir Kumar, Advocate
(Expert) 18 July 2012
My dear Mr Mitra<
Try to understand. The notice which you have drafted is menat to inform the general public for having terminated an employee.
Such notice cannot be a substitute for a chargesheet reqauired to be served upon the employee (or public in paper) if Inqiry is to be held against him.
