1) Since the organisation has terminated the srvices of the employee, it has no legal right to ask for recovery in lieu of notice period rather organisation has to pay one month's salary along with termination letter.
2) It is obligatory on the part of employer to issue Service Certificate alongwith his final settlement.
3) If the employee, during the period of absconding, was employed some where else, the organisation can recover the notice pay.
From India, Surat
42) It is obligatory on the part of employer to issue Service Certificate alongwith his final settlement.
3) If the employee, during the period of absconding, was employed some where else, the organisation can recover the notice pay.
From India, Surat
Dear Jai,
I think, before posting your queries, you have not read thoroughly my clarifications on this page itself. I feel the replies to your queries have already been answered in my post at this very page in my yesterday's post. However, you are welcome if you still have any doubt after reading my ealier post of yesterday.
PS Dhingra
From India, Delhi
I think, before posting your queries, you have not read thoroughly my clarifications on this page itself. I feel the replies to your queries have already been answered in my post at this very page in my yesterday's post. However, you are welcome if you still have any doubt after reading my ealier post of yesterday.
PS Dhingra
From India, Delhi
Dear Mr Dhingra
Thanks for your mail.
The sole purpose of my mail was to make it clear that (a ) the action taken by the company , in the manner described in the post , was totally wrong and against the principles of natural justice and (b) employee would also not be benefited in any manner by depositing the notice pay because the reason for termination will be stigmatic and won't help in getting job in future and (c) if the employee were to contest his termination legally I am very sure that the company will lose and will have to reinstate the employee back in service.
Best
jai
From India
Thanks for your mail.
The sole purpose of my mail was to make it clear that (a ) the action taken by the company , in the manner described in the post , was totally wrong and against the principles of natural justice and (b) employee would also not be benefited in any manner by depositing the notice pay because the reason for termination will be stigmatic and won't help in getting job in future and (c) if the employee were to contest his termination legally I am very sure that the company will lose and will have to reinstate the employee back in service.
Best
jai
From India
dear vkokamthankar,
I am surprised to see ur comments that the views expressed by all were contrary to the views of Mr. Bhanot and Dhingra as it appears that u hav not gone thru my views serously. in my writings i have given u a insight of problem beyond ordinary and dealt it in a very broader context to make the disussion a complete piece of advice.
Ck Safaya
Advocate and HR consultant
From India, New Delhi
I am surprised to see ur comments that the views expressed by all were contrary to the views of Mr. Bhanot and Dhingra as it appears that u hav not gone thru my views serously. in my writings i have given u a insight of problem beyond ordinary and dealt it in a very broader context to make the disussion a complete piece of advice.
Ck Safaya
Advocate and HR consultant
From India, New Delhi
Dear Adv. Safaya,
From India, Pune
- The words I have used in my post are ' most posters have contrary views to those of Mr. Dhingra' and not 'All' as stated by you.
- I once again went thru your earlier post and to my surprise your views seem to be contrary to those of Mr. Dhingra. I quote here very first line of your post 'i)Yes . Coy. has every right to enforce adherence to notice period /pay in lieu thereof as per terms of contract..'
- The very basic point me and Mr. Dhingra endorsing here is 'Employer can not and should not ask for Notice Pay from Employee, whose services are terminated by Employer'
more at https://www.citehr.com/304088-abscon...#ixzz19HstBwiH
From India, Pune
My dear vkokamthankar; and safayaifci
I think there should not be any controversy on the points raised by you, Ck Safaya or Mr. Dhingra.
I had been following this thread; and I find that all three of you have given very good, precise and relevant inputs; though they are in different words but with the same spirit, which comes out of experience and expertise; and all of you deserve kudos for your contributions.
If here and there, there are any small aberrations or misunderstandings (which does not veer away from the broader concepts) ; let us IGNORE these; or else clarify through PM (Private Messages) to each other - so that other members, esp. freshers, do not get CONFUSED.
It is my humble request to all contributing senior members who have been nurturing individual threads with their time and efforts.
Warm regards.
From India, Delhi
I think there should not be any controversy on the points raised by you, Ck Safaya or Mr. Dhingra.
I had been following this thread; and I find that all three of you have given very good, precise and relevant inputs; though they are in different words but with the same spirit, which comes out of experience and expertise; and all of you deserve kudos for your contributions.
If here and there, there are any small aberrations or misunderstandings (which does not veer away from the broader concepts) ; let us IGNORE these; or else clarify through PM (Private Messages) to each other - so that other members, esp. freshers, do not get CONFUSED.
It is my humble request to all contributing senior members who have been nurturing individual threads with their time and efforts.
Warm regards.
From India, Delhi
Thanks to all of U for such a very exciting & controversial discussions on Absconding employee.
As a HR professional, we are facing the same situations / difficulties as & when such employees leave the organisation without clearance, Notice Pay or handing over the charge to their HOD's.
The above discussions has given a guidance for me as well as many of the HR Members who participate or join the Citeman network. But one question which arises in my mind is that the absconding employee don't care for the organisation for the above formalities & the HR has to do his job by sending 2 Notices & then the Final notice of termination thereafter[without short noticepay] & even then the HR donot has the right for recovering short notice or punish such offence so that the other employees while leaving the organisation dont follow the same way.
Please Continue
Regards
Arun
From India, Mumbai
As a HR professional, we are facing the same situations / difficulties as & when such employees leave the organisation without clearance, Notice Pay or handing over the charge to their HOD's.
The above discussions has given a guidance for me as well as many of the HR Members who participate or join the Citeman network. But one question which arises in my mind is that the absconding employee don't care for the organisation for the above formalities & the HR has to do his job by sending 2 Notices & then the Final notice of termination thereafter[without short noticepay] & even then the HR donot has the right for recovering short notice or punish such offence so that the other employees while leaving the organisation dont follow the same way.
Please Continue
Regards
Arun
From India, Mumbai
In the Offer of employment agreement itself adding the clause for unauthorised absenteeism for more than 3 days without any valid reason and without prior approval will attract disciplinary action and its severity will be upto termination of service. And further Unauthorised absentism should not exceed for three times will bring fear in the minds of regular and habitual absentees.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
When an employee choose to abscond, s/he is either unwilling to return or some extraordinary circumstances has emerged that he is unable to resume duties.
The Standing Orders Act/Rules already provides for that the absenting more then 10 days is a misconduct and employee can be proceeded against.
There is no need to put a bot in the Appointment Letter to this effect. Rather this can be put in the "Attendance/Leave Policy". In the Appointment Letter it should be mentioned that service of the Employee will be governed by the "Various Policies" of the Organization.
From India, Chandigarh
The Standing Orders Act/Rules already provides for that the absenting more then 10 days is a misconduct and employee can be proceeded against.
There is no need to put a bot in the Appointment Letter to this effect. Rather this can be put in the "Attendance/Leave Policy". In the Appointment Letter it should be mentioned that service of the Employee will be governed by the "Various Policies" of the Organization.
From India, Chandigarh
On this interesting topic, think one more case from both HR and legal point of view:
1.Suppose a company has made a provision for notice period of 3 months from employees side and 1 month from its own side.
2.There is a provision that the employee can not apply any job within two years.
3. The employee has higher qualification and he can get a better job. Actually this job is well below the level of his qualification and he is joining this job only to avoid his financial burden till the moment he does not get better job. Also the employee has not told to the new organization about his current employment as he knows that no NOC will be issued.
4. As company has itself forced him to conceal information about his application for new job (by provision that he can not apply for a new job for two years), the employee gets a better job within a year and he subsequently resigns by declaring that he will pay bond amount and salary in lieu of notice period. (Although no bond has been signed and it is mentioned only that a bond for X amount will be signed).
5. His immediate bosses make remarks on his resignation that 'may be accepted with suitable releiver '. He gets the copy of resignation letter at this stage after remark and submit it to his boss for onward submission
6. The company does not inform anything to the employee for a very long period and suddenly serves anotice of unauthorised absconding and asked him to join duties.
7. Since the employee has already joined the better job, he simply ignores the notice as obviously he will not join the old job only to get lesser salary and problems of disciplinary proceedings etc.
8. The company terminates him after this first notice. The company may have not taken cognizance of his resignation or probly the boss having resignation letter may not have submitted it to the higher officers. The employee does not know the exact case.
Now imagining above scenario, submit youe views on the followings:
(i) Whether the company has any right to seek bond and notice period amount (remember no bond has been executed and it has been mentioned only in offer letter). The employee has signed it by making remark as i accept all the terms and conditions.
(ii) Whether the employee can get his provident fund (in the tune of Rs. twenty thousand) and whether he should apply for it through the old employer who terminated him or directly through EPF office.
(iii) whether the employee should ask for experience and service certificate. Obviously asking for a releiving certificate will only be a foolish act.
Hope you people will help this employye.
From India, Delhi
1.Suppose a company has made a provision for notice period of 3 months from employees side and 1 month from its own side.
2.There is a provision that the employee can not apply any job within two years.
3. The employee has higher qualification and he can get a better job. Actually this job is well below the level of his qualification and he is joining this job only to avoid his financial burden till the moment he does not get better job. Also the employee has not told to the new organization about his current employment as he knows that no NOC will be issued.
4. As company has itself forced him to conceal information about his application for new job (by provision that he can not apply for a new job for two years), the employee gets a better job within a year and he subsequently resigns by declaring that he will pay bond amount and salary in lieu of notice period. (Although no bond has been signed and it is mentioned only that a bond for X amount will be signed).
5. His immediate bosses make remarks on his resignation that 'may be accepted with suitable releiver '. He gets the copy of resignation letter at this stage after remark and submit it to his boss for onward submission
6. The company does not inform anything to the employee for a very long period and suddenly serves anotice of unauthorised absconding and asked him to join duties.
7. Since the employee has already joined the better job, he simply ignores the notice as obviously he will not join the old job only to get lesser salary and problems of disciplinary proceedings etc.
8. The company terminates him after this first notice. The company may have not taken cognizance of his resignation or probly the boss having resignation letter may not have submitted it to the higher officers. The employee does not know the exact case.
Now imagining above scenario, submit youe views on the followings:
(i) Whether the company has any right to seek bond and notice period amount (remember no bond has been executed and it has been mentioned only in offer letter). The employee has signed it by making remark as i accept all the terms and conditions.
(ii) Whether the employee can get his provident fund (in the tune of Rs. twenty thousand) and whether he should apply for it through the old employer who terminated him or directly through EPF office.
(iii) whether the employee should ask for experience and service certificate. Obviously asking for a releiving certificate will only be a foolish act.
Hope you people will help this employye.
From India, Delhi
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