Find out the absconding employee legal notice format, its content, and much more.
The absconding letter is a show cause letter sent to someone who has voluntarily or involuntarily abandoned their job for a while, asking them to come in and justify their actions or face the appropriate repercussions.
First, the employer makes an effort to contact the employee via their mobile number, sends an email to their email account, makes an effort to contact their family and friends, and makes an effort to contact the employee at their permanent residential address. If all of these cases fail, an absconding letter is issued. Here, learn more about the absconding employee legal notice draft.
Meaning of Absconding and Absconder
The most amateurish and unreliable way for any employee to withdraw from their association is by absconding. An absconder is known as a person who quits the company without giving notice or following the proper exit protocol.
- An employee is referred to as an absconder and may suffer harsh repercussions from the employee if they discontinue their activities abruptly and remain untraceable.
Purpose of Drafting Legal Notice for Absconding Employee
The primary goal of sending an absconding letter to the employee is to protect the company’s interests. In the event of fraud, this facilitates pursuing legal action against the employee.
- Additionally, it helps reimburse any expenses or extra benefits given to the employee by the employer. These include ID cards, laptops, corporate credit cards, housing, cars, and access to company places.
Absconding is a Crime in India
Section 82 of the Code of Criminal Procedure deals with the offense of evading a firm so that the corporation can file a lawsuit against the absconder.
- According to section 368 of the Indian Penal Code, it is a crime with the same seriousness as kidnapping or abduction if an employee threatens the employer that he will reveal some confidential information or documents of the company to a third party to carry out some illegal act by the employer. The employer has the complete right to file a lawsuit by providing the employee with a legal notice draft.
Is There Any Law Related to the Absconding Employee Policy in India?
No, There is no separate employee absconding policy in India. The organization believes that he should leave the company unless a person has committed immoral or criminal conduct. He can be sued if he has business property and does not surrender it to the employer before departing. The corporation typically determines the reason for an employee’s departure and changes its employee retention policy if the rate of employee retention is particularly low.
When Can a Corporation Issue a Legal Notice to Its Absconding Employee?
If an employee departs from the company without giving a prior warning or turning in overpayment and paperwork, legal action may be initiated against him. To do this, the employee needs first to get a legal notice draft. The alternative course of action the corporation can take is to hold off on issuing official documentation such as a letter of resignation, a full and final settlement statement, a certificate of service or experience, and designating the individual as a fugitive. The actions that can be taken include:
- The employer has the complete right to reclaim the notice money if there is a mutually negotiated provision.
- The employer may issue a resignation letter if the employee is prepared to pay the compensation.
Content of Absconding Employee Legal Notice Draft
When an organization has made every effort to contact an employee who has disappeared, sending them a legal notice is appropriate. An employee who receives a legal notice must respond to it to protect his career and avoid getting the reputation of being an absconder. The notice may be double-checked with professional legal assistance. A settlement can be the wisest course of action.
Three-pointers in the absconding employee legal notice format are Employee Details, Employer Details, and Absconding Details.
The Following Heads Make up the Employer Details Section:
- Company Name
- Address Contact Information
- Email Address Name of Issuing Authority Issuing Authority Designation
The Following Headings Make up the Employee Details:
- Name of the Employee
- Address City/State
- Pin Code
- Employee Telephone Number
The Headings in the Section on Absconding Are as Follows:
- Employee Designation Date of Letter
- Departmental Place (If Applicable)
- Name of immediate superior
- Absence of Immediate Superior since Last Date to Revert or Respond
Example: A Sample Write-up for Absconding Employee Legal Notice Format
Date
To,
Dear
Your absence from your position without giving the proper notice to the official government is suggested through the proper procedures.
We tried to reach you by email and phone number but were unsuccessful. On disciplinary grounds, it is seen as unethical and unprofessional conduct.
It has been brought to your attention that, following the provisions of your employment contract and business policy, you were not given the appropriate prior notice. Additionally, you still haven’t given the manager the charge to your reporting authority.
We also want to inform you that, following the terms of the agreement and business policy, you are responsible for paying a notice payment equal to xxx months of salary.
The bank account information is listed below. Legal action will be taken to recover the same amount if it is not credited within XXXX days. Additionally, we reserve the right to review and rate you on a registered Employee and Employer Rating Platform.
Account Details
XXXXX
XXX
XXXX
You can speak with the HR department during office hours if further clarification is needed.
Appropriate Time to Issue an Absconding Employee Legal Notice to the Court
When there is a situation like this in your association, use the accompanying collection of steps. Keep a copy of every conversation you have with the fugitive in your employment file.
- Contact the absconding employee over the phone and via email.
- Send a legal (enrolled or messenger) notice with the last known location of the employee if there is no response.
- Inquire about grounds for absences and state the appropriate sections of your employee handbook. Request a prompt return report from the employee.
- Send a legal notice to the absconding employee, making it clear that if the employee doesn’t return to work, a termination decision will be made (If no response is received within a certain time.)
- The company has the right to send a legal notice and dismiss the absconding employee if there is no response within 15 days of the notice letter issuance.
An employee who receives legal notice must respond to protect his career. The notice may be double-checked by a professional. Contact Vakilsearch to get legal assistance.
FAQ
Why is it important to issue a legal notice to an absconding employee?
Issuing a legal notice to an absconding employee is crucial for formal communication. It serves as a last attempt to resolve issues amicably, clarifying expectations and potential consequences, and documenting the company's efforts to engage with the absent employee.
What key elements should be included in a legal notice drafted for an absconding employee?
A legal notice should include clear details about the employee's absence, the company's expectations, consequences of non-compliance, and a reasonable response time frame. It should be professionally worded, outlining the company's commitment to resolving the matter.
Can a legal notice help in resolving issues with an absconding employee amicably?
Yes, a legal notice can help in amicably resolving issues with an absconding employee. It provides a formal platform for communication, encouraging the employee to respond and address concerns. An amicable resolution may be reached through dialogue and understanding.
What are the legal implications if a company fails to issue a proper legal notice to an absconding employee?
Failing to issue a proper legal notice to an absconding employee may have legal implications, impacting the company's ability to enforce terms of employment or pursue legal remedies. It's essential for compliance and to establish a clear record of communication.
Are there specific guidelines or templates available for drafting a legal notice for an absconding employee?
While specific templates may not be universally available, legal professionals or HR experts can guide the drafting process. The notice should adhere to legal norms, include relevant details, and maintain a professional tone to ensure effectiveness and compliance with legal standards.
