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Absconding is leaving one workplace without notifying the employer, being let go for cause, or being fired. It may also refer to people running away from others who depend on them.
Employees are considered absconded if they are not reporting to work after their vacation, leave or return from official duties. The HCM Product will allow you to manage the absent employees without pay and calculate their salary appropriately after taking in the relevant deductions.
The HCM system can detect, track, and monitor employee absconds. The system tracks active employees who have left the organization without proper notice or due process and alerts the relevant HR representative to their status. A notice period is a predefined time you might have to serve before leaving employment. Suppose you abscond from work without doing any resignation letter during the notice period. You may be required to pay the employer the remainder of the salary for the notice period.
The reasons for absconding in the workplace are many. The most common of them are:
1. The employee failed to adapt to a new situation.
2. The employee was discharged from work without any notice or warning.
3. The employee is unable to perform well due to health conditions.
4. The employee has not been given a salary for several months.
5. There are no occupational safety measures and working conditions.
6. The employer is guilty of sexual harassment.
7. Absenteeism presents a problem in the organization, and the employer has to fail to take adequate measures to address this problem.
There is a limited legal action that an employer can take against an employee who absconds. In case of pending loans and advances, prepaid dues, loaner devices, etc., the company can sue the employee for sure. However, the rest of the unpaid dues will have to be written off as a loss for the company.
Termination, Resignation, and Absconding are three words with different meanings in labor terminologies. Termination is the legal process by which the employer terminates an employee’s services without going into a notice period or paying compensation. On the other hand, the resignation is given out of the will, and the employee does not violate the contract of employment. At the same time, absconding is an informal way by which an employee leaves without prior notice. However, can also say that all three processes have a little gap in legal implications.
Suppose you abscond from employment without serving any resignation letter during the notice period. In that case, you may have to pay the employer the remainder of the salary for the notice period.
Depending upon your situation, you can take the following steps when an employee has absconded. The first step is to call the employee and share your grievances. If there is no response from the absconder, then send a legal notice/notice to his address asking him to respond within 15 days about the concerns you have raised in the mail.
No. But the salary is not paid from the day they abscond. As an employer, you should clear all dues until their last workday.
Absconding from the company is a crime and is dealt with under section 82 of the Code of Criminal Procedure. A company can take legal action against the absconder if they do not return to work within 7 days of issuing a show-cause notice.
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