I need help about an employee who is absconding

Is there nobody in this community to give me some legal advice on the aforesaid topic ?

There is no question of absconding. Unless there is an agreement prohibiting the employee from taking up a similar job in case of his leaving the employment your company can do nothing about it. Dont try to publish in any newpaper as you will be liable for criminal defamation.

[user=19]swetha1983[/user] wrote: "There is no question of absconding. Unless there is an agreement prohibiting the employee from taking up a similar job in case of his leaving the employment your company can do nothing about it. Dont try to publish in any newpaper as you will be liable for criminal defamation."
Hi Shwetha

Thank you for your inputs .Its clearly mentioned in the appointment letter that the employee has to serve a notice period of 1 month or pay salary in lieau thereof at the time of leaving the company .If an employee leaves the company without giving any notice or any information then is he not ""absconding""?

 

Please put forward your  views on the same

Regarding publishing his photo on the news paper I was just asking the opinions of the fellow members nothing has been decided on the same but after reading your comment I think we should discard the idea

 

Thanks and Regards

 

Indrani Chakraborty

The word 'Absconding' shouldn't be used liberally at all. Absconder is a person who remains out of reach from the law enforcement agency for his alleged crime.

Well.. you can always cut his salary for his deeds.. anyhow this is a routine process in all the companies ... employess are bound to quit.

[user=1045]kiran kumar.k[/user] wrote: The word 'Absconding' shouldn't be used liberally at all. Absconder is a person who remains out of reach from the law enforcement agency for his alleged crime.

Well.. you can always cut his salary for his deeds.. anyhow this is a routine process in all the companies ... employess are bound to quit.
"

Hi Kiran

 

I am happy to receive a reply on this post after quite a long time.I have used the term ""absconding"" from a layman's point of view and not from the legal point of view .Thanks for the clarification on the word 'absconding"" from legal perspective.

Deduction of salary is not going to solve the problem as the value of the project which we have taken up based on the commitments of the person who has left the company without any information is much more than the salary we pay to him.

Nevertheless thank you for your suggestion

 

 

Keep posting

 

Thanks and Regards

 

Indrani Chakraborty

 

 

 

 

Hi Indu

As per the Appointment Order, the employee has to give either one month notice or one month salary in lieu of notice.  You can recover one month salary in lieu of notice from the full and final settlement due to the employee. 

If you fear that the particular employee might disclose any secret or confidential information to his prospective employer, who may be your competitor, then you can initiate legal action against him restraining him from joining that company. Provided your Appointment Order should have a suitable clause to this effect. Even you can file a writ to this effect.  In 2006, in similar case M/S Saint Gobain India Ltd has filed a petition and got the stay successfully in Madras High Court.  M/S T.S. Gopalan & Co (TSG) of Chennai handled this case.  You can reach Mr.John Zaccaria of TSG office for further details.  He can be reached in 044 - 28158589.

Thanks & Regards

Kalyan R

Manager - Personnel

Sundaram-Clayton Ltd

Brakes Divison, Chennai

Mobile: 919840942232

 

Dear Mr.Kalyan,

Thanks for your views. I do agree with your opinion. However, your view that a writ petition can be filed restraining the employee may not be correct. Instead one can file a civil suit. Please clarify whether you filed a writ petition or a civil suit.

Dear Mr.Prakash

Yes.  You are right.  It is only a civil suit and not writ.

Thanks for the correction.

Warm Regards

Kalyan R

919840942232

Respected Mr Prakash and Mr Kalyan

Thank you for your valuable comments .Can you please let me know what are the documents that we require ir order to file a civil suit against him ? .Does the signed copy of the appointment letter hold good in the eye of law?

Although not related to this particular topic can you please let me know that if our company decides to implement an employment agreement then whther or not that agreement has to be on stamp papers? We want to have this agreement with freshers who join our company as trainees

I will be very grateful to you if you can answer my queries at your earliest

 

Thanks and Regards

 

Indrani Chakraborty

 

I followed the foregoing discussion with keen interest, and wish to provide inputs from my limited knowledge on the subject-matter.

Indrani:
 
Before answering your earlier queries, one needs to know the exact contents of the termination clause of the letter of appointment or [url=https://www.firstappeal.com/reply.php?topic_id=454#]employment agreement[/url] that was signed by the employee in question.  Further, to add to what our learned friends have mentioned above, I feel your company may still proceed with a civil suit against this employee seeking compensation for damages suffered by company due to non-compliance of the employment agreement by this employee.  


It may be fine for an employee to pay salary in lieu of notice period of corresponding duration (if and as provided in the employment agreement but it is an entirely different proposition when an employee stops attending work one fine day, without complying with the terms of his employment agreement.  To clarify, when an employee does not give in his resignation letter (which also acts as his notice for termination of employment agreement) with the last date of mentioned therein, or offer to pay salary amount in lieu thereof, and get the letter accepted by his supervisor, his absence from work would usually be construed as unauthorized absence.  Subject to the verbiage in the employment contract, the employer would be at liberty to take appropriate legal action against such employee.  The will have a stronger case if the employment agreement also mentions that upon the employee expressing his will to resign, the notice period fixed in the agreement is subject to the employee discharging his assigned projects, training the replacement candidate (preferred for employees holding key positions), and transferring other responsibilities successfully.So, in your case, you could take assistance of a competent lawyer (with knowledge of contract law and employment/services law) to take requisite legal action against this employee.  To answer your specific question, a signed copy of the appointment letter will definitely hold good to the extent of the contents thereof, as the same would act as a contract between the employee and the employer.With regard to your question about employment agreement, I believe there is no need for the agreement to be on a stamp paper, but would be a good practice to get it done on a Rs.100/- stamp paper.  Either way, the validity of the agreement is not affected.  The usual norm is that if the agreement reaches the court, and it is found that the agreement has not been signed on a stamp paper or is signed on a stamp paper of insufficient value, the court will impound the document and fix the amount the person relying on the document has to pay to make the document permissible as evidence in the court

Anoop

Respected Seniors,

My problem is that I worked for a company for 7 months and now I gave my resignation letter since 1 and half month back . Since I was confirmed after 3 months now I got to serve the notice period of 3 months, but I am unable to serve 3 months as I have got very good offer in other company as HR Executive. In my offer letter they have mentioned that 3 months would be the notice period after our confirmation. I've told my HR Head that I can serve only 1 month 20 days. So they have requested me to stay back Otherwise I have to pay my gross salary for remaining days. But till today they have not taken money from anybody when I asked them regarding this they said since I am performing very well they dont want to loose me and being HR itseems I have to follow the rule.There are so many cases where the management have accepted the resignation and let them to go before completing their notice period. . I have already transfered all my responsibilities to my junior .

So please can anybody suggest me on whether I have to pay or not?

thanks & Regards,

Shristi

Shristi,

From the events as mentioned in your post, I could understand that you expect not to pay the [url=https://www.firstappeal.com/edit_post.php?id=1938#][color=blue]salary[/color][/url] in lieu of the notice period only on the basis of your [url=https://www.firstappeal.com/edit_post.php?id=1938#][color=blue]employer[/color][/url] not being particular about this with other employees who have quit the company before you.  Though I can empathise with you, unfortunately, legally speaking, this is not a good reason for you to ask your employer not to enforce the agreement (offer letter) signed by you. 

To get into further details for your reference, there is a concept of waiver of rights under contract law.  What this essentially means is that a party who has a right/remedy under a contract may choose to waive it.  In your case as well, your employer has chosen to waive its right to recover the salary in lieu of the notice period from other employees.  This does not mean that you can seek a similar waiver from your employer.  It is entirely at the discretion of your employer.  Hence, legally speaking, you are bound to either serve your entire notice period or pay the salary corresponding to the notice period you choose not to serve.

Legal implications apart, the best way of amicably resolving this situation, as I see it, is to negotiate your notice period with your manager/superior.  What cannot be done legally could sometimes be done on a more personal level.

Having said that, if negotiation on notice period does not work, and you chose to leave the company without serving your entire 3 month notice period, it would be a good idea not to volunteer to pay the company the amount you owe as per your offer letter.  You would do well to wait and watch your employer's actions, i.e., what steps they take to recover the amount from you. If they initiate legal steps to recover, then you could pay the amount.  Of course, it is always a good idea to consult a lawyer when you are unsure of the legal implications and/or next steps.

Good luck.

Your friendly Lexorcist.

Hi Yedulla,

Thank you so much for your guidance. Actually I've already left the company few days back and also I paid the full amount for remaining 1 and half month for which I also received my relieving letter. I just wanted to know if I did was right or wrong. All my friends said that, I should not have paid since I had already served 1 and half month OF NOTICE PERIOD & IN ALL OTHER COMPANY IT IS ONLY FOR 1 MONTH THEY HAVE TO SERVE THE NOTICE PERIOD. Any way I'm convinced now.

Regards,

Kripa

I had serve to my company for 2 year. After that company give me a letter, for reduction of 1/3 salary. In response to that I have resigned due to non acceptance of reduced salary, which is bleow the market. I have notice period of 3 months. I have already served 1 months and get the reduced salary . My question is that whether the company can reduced my salary which was fixed at the time of appointment. And also inform to hold the 2 months salary of notice period. Is company can do so.

 

Please reply urgently any body have the knowledge