Absconding

What is Absconding?

Absconding refers to a situation when an employee does not report to work for consecutive days without authorization. If the employee has not informed managers, peers, or anyone in the organization for more than 3 consecutive days. Once the employee is considered as an absconder, the company can ethically decide to terminate the employee without notice and proper exit formalities.

Many companies have a policy in place to address this situation. Such policies include the consequences of not adhering to the notice period and the possible disciplinary actions. The company may even choose to ethically terminate the employee without notice and formalities.

Under Section 368 of the Indian Penal Code (IPC), an employee who threatens the employer with the sharing of confidential information to another party is considered as a serious crime. The employee can send a legal notice to the employee to take legal action. Depending on the severity, the punishment can range from fines to imprisonment. If the employee doesn’t reply to the legal notice, they may face serious implications for their future, in terms of employment and traveling.

What are the reasons an employee absconds from work?

An employee may abscond from his work for several reasons, such as better career opportunities, personal reasons, and job dissatisfaction. When they are offered better job opportunities and must join immediately, they may abscond from work to escape the tedious resignation process. The employee may have also caused breach of contract, such as sharing of confidential documents with another company/party. Mostly, the reason is their dissatisfaction with the job, colleagues, or work at the organization.

Can any employee abscond from the company?

Yes, an employee may choose to abscond from the company. It is an unprofessional way of leaving employment and has serious legal implications. Failing to adhere to the company’s notice period and employment contract will result in legal disputes and a bad reputation.

Can the employee join another company after absconding?

Yes, an employee can join a company after absconding. Some employers may be willing to offer a job to the absconder depending on the reason, work history, and industry. Employees who have absconded should be prepared to explain their past actions and maintain transparency in the interviews. That being said, employers can spot absconders during background checks and other verification.

How to stop absconding employees?

To stop absconding employees, take immediate action to avoid any negative impact on the organization. Establish clear policies and consequences for absconding and outline them in the employee handbook or employment contract. To stop absconding employees:

  1. Review the company’s policies regarding absence, attendance, and resignation to avoid violation of guidelines.
  2. Confirm the reason for absence and send a formal letter requesting an explanation.
  3. Document the employee’s absence and communication attempts.
  4. Get in touch with the emergency contacts and express appropriate consequences.
  5. Take legal action to handle the situation or consider termination.
  6. Make sure all actions are as per company policy and employment laws.

Does an employee get their salary if they abscond from the company?

No, from the day the employee absconds, salary will not be paid. Before that day, employers clear all dues. Some regions and jurisdictions have different employment laws and regulations, which the employer should be aware of.

Can the employee abscond without serving notice period?

Yes, employees can abscond without serving the notice period. The act of absconding refers to the employee leaving work without serving the notice period. By violating the company’s employment contract, the employee will be subject to legal consequences. They will face difficulties in future employment.

What will be the effect on my whole career after absconding from the first employer?

Companies tend to not offer employment to absconded employees. It leads to a bad reputation in the job market, limited job opportunities, slowing down of career, and legal implications. Absconding shows up in the employee’s background checks and employment history, limiting the chances of new employment.

How to track employees from absconding?

By using an attendance tracking system, employers can track employees from absconding. An attendance tracking system identifies attendance and geolocation patterns to ensure they are fulfilling their responsibilities. These patterns help track irregular attendance and reduce the risk of absenteeism or absconding. This system also generates reports and analytics to understand an employee’s attendance data. Employers can identify any irregularities and discuss with employees to uncover any issues that may contribute to potential absconding.

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