What Should I Do If A Company Sends A Legal Notice For Absconding?

Resigning from or being fired from a company is a big choice that can affect the person leaving as well as the company in different ways. When someone absconds from a corporation, it usually means they quit without giving enough notice or according to the established protocols. This individual's action is capable of endogenous long-term consequences that would affect not only his/her own reputation in the office but also the entire working environment.

In case of employees who leave their companies without a resignation notice, such an action is often questioned as being an unethical and unprofessional conduct since it gives an impression of a person's failure to go for the terms of the agreement. Workforce disruptions, the imbalance of teamwork, and difficulties in developing strong relationships with bosses and fellow associates could come about as a consequence of it. Furthermore, it is also the source of the doubt on the moral values of the employee (for their honesty and dependability) which, in turn, is likely to limit their professional growth in the future.

An individual can arrange a disappearance from a corporation to solve issues for several reasons. It could be a consequence of reasons that are associated with themselves such as health problems and family emergency problems, conflicts with top management or dissatisfaction with a given position. But whatever the underlying cause, absconding isn't usually regarded as a suitable course of action.

Absconding may have legal repercussions in addition to the immediate effects on the organisation, based on the provisions of the employment contract and labour legislation in the applicable area. Employers who suffer losses due to an employee's abrupt departure may file a lawsuit to recoup damages or seek reimbursement.

What Do You Mean by Absconding in India?

The voluntary escape of a place without alerting the relevant authorities is known as absconding. Another way to describe it is as the act of escaping to avoid going to court.

Absconding is a crime in India that carries penalties under the Indian Penal Code (IPC) 172. It's critical to understand the distinction between absconding and fleeing, which is the act of evading capture or legal action.

Absconding can be done for a number of reasons, including avoiding debt, escaping oppression, or not being prosecuted for a crime. It is crucial to remember that absconding is a global problem, not just one that affects India. 

What Will Happen if an Employee Absconds from a Company?

Now, the employer has the right to file a lawsuit against the employee just challenged to abscond his/her place of work. There are a number of ways to leave a firm, including the following: There are a number of ways to leave a firm, including the following:

1. The employee could have found another impressive job maybe, but the conditions that those jobs had were completely different and he needed to start working immediately while leaving his old employer was tiresome.
2. The employee behaved unethically if he or she leaked private documents, information, or databases to a third party that was unauthorised, with the list of actions also including a breach of trust.
3. The pressure of work and corporate politics at work are too much for the employee to deal with.

Employment has characteristics comparable to a contract, and both parties expect the worker to perform their duties completely. When he has to leave his job, he should notify the employer in advance and give a summary of all the tasks he still needs to do. But no contract can be upheld under the Indian Contract Act, if it causes harm to the party carrying out the deal. Furthermore, the Supreme Court of India has made it quite evident that no worker can be forced to work against their will simply because he or she has a contract in place to work for the company. The Court has further declared that the employer cannot refuse to provide an employee with any necessary documents in order to force them to work for the company. If there is no such contract, the company cannot claim anything from the employee. 

Is Absconding from Job a crime in India?

Section 82 of the Code of Criminal Procedure addresses the crime of absconding from a company so that the company may sue the absconder.

Section 368 of the Indian Penal Code states that if an employee threatens the employer with disclosing sensitive information or company records to a third party for the purpose of the employer doing an illegal act, it is a felony of the same gravity as kidnapping or abduction. By giving the employee a draft legal notice, the employer has the authority to initiate a case against the absconder.

Are there any Absconding Laws in India?

1. Proclamation issuance: This has to do with someone escaping a court order of protection. According to section 82(1) of the Code of Criminal Procedure, the court may issue a proclamation directing the person who fled to avoid having an arrest warrant to appear in court at the designated time and location within thirty days of the proclamation being published.
2. Attachment of property: The court must put the justifications, witness statements, and supporting documentation in writing before declaring that someone is presumed to be absconding. If the Court has grounds to suspect that the absconder intends to remove his property outside the local jurisdiction of the court, the Court may choose to attach the absconder's property.
3. Selling of property: The court may sell the property at the government's disposal if the absconder has not shown up in court within the allotted period and the court has attached the property. This may be completed following the six-month period that elapses from the attachment date and up until the magistrate has resolved any claims or objections, if any.
4. Confession of the accused not to be used after case is completed: Since the fugitive was not given the chance to cross-examine him during his court appearance, any confession he made after his disappearance cannot be used against him while the case is being handled.
5. Medical evidence recording: Medical evidence may be recorded in case the absconder is accused of death or grievous hurt. Such cases are punishable by death or life imprisonment.

Law Related to Absconding Employee Policy in India

India does not have a distinct policy on employee absconding. Unless someone has engaged in unethical or illegal behaviour, the organisation feels that he ought to resign from the company. If he owns commercial property and doesn't turn it over to his employer before leaving, he may face legal action. If the rate of employee retention is abnormally low, the company usually finds out why an employee left and modifies its employee retention policy.

When Can a Company Issue a Legal Notice to Its Absconding Employee?

If an employee absconds from the company without giving notice or turning over payment and paperwork, they may be subject to legal action. First, the employee should receive a legal notice regarding this. The company's other options include refusing to provide the employee with official documents like a letter of release, a complete and final settlement statement, a certificate of expertise or service, or designating them as absconders. The actions that are possible are:

1. The business is fully entitled to retrieve the notice money if there is a mutually agreeable condition.
2. The employer may send a letter of relieving, if the employee has agreed to pay the compensation.

The employee has to respond to a legal notification in order to protect his career and avoid being known as a "abscond in company." You can double-check the notice by speaking with a Legal expert at Lawtendo. Maybe settling is the most sensible course of action. 

What are the Consequences for Absconding from a Company?

1. Breach of Job Contract- The employer may take legal action if an employee leaves the company without permission, depending on the provisions of the employment contract and any applicable labour regulations. This could apply to lawsuits for breach of contract or damages. Additionally, employers might try to recover any losses like, hiring fees or training costs, caused by the abrupt departure.
2. Financial Repercussions- Financial perks like unpaid salaries, bonuses, or other incentives may be forfeited if an employee leaves the organisation. Employers who incur expenses due to an employee's departure may choose to withhold payments or pursue repayment.
3. Professional Repercussions- A person's integrity and professional reputation may be damaged by absconding. It might cast doubt on their dependability, moral character, and dedication to their work, which could be detrimental to their chances of advancing in their careers. The person might be seen negatively by employers and colleagues in the business, which would make it more difficult for them to get work or grow in their career.
4. Legal Notice- As specified in their employment contract or business standards, employees usually have to give notice before leaving a post. Giving inadequate notice could be construed as a contract violation with legal consequences. It will be challenging to serve him with a legal notice if there isn't any such contract. For this reason, before starting a new position with a new company, an employee must be tied by a contract, ideally in writing.
5. Blacklisting- Certain companies keep information about people who have vanished or behaved impolitely in their internal databases or distribute it around industry networks. This kind of blacklisting might make it difficult to find work later on since potential employers would be reluctant to take on an applicant with a history of absconding.
6. Civil Lawsuit- If a contract breaches, a civil lawsuit for damages may be initiated against the absconder.
7. Criminal Lawsuit: A criminal suit may be filed against the employee under the Code of Criminal Procedure on grounds of theft and breach of contract if he flees while in possession of corporate property, such as documents, a laptop, or cash.
8. Legal Notice/Letter for Deterring Future Employees- Before suing for damages, the employee may receive a legal notice in the form of a letter to discourage future employees from trying to follow in his footsteps.
9. Relieving Letter- The employer may file a letter of release against the employee if he gives back the items he took or returns them to protect his own reputation. If not, the lawsuit against him is still pending.

Is it Possible for an Absconder to Rejoin the Company?

To rejoin a company in India after absconding depends on various factors, including company policies, exit formalities, and the employer's discretion.

1. Company Policies: There can be several policies of the organisation which are found in place that do not allow the previous employees to come back in the company. They do not know what to expect as it looks like a breach of the trust and handsomely to terminate a relationship that was never obliging on the part of employees leading to seemingly untrustworthiness or lack of commitment.
2. Exit Formalities: In such a case, this employer could refuse to issue a job offer for not following the necessary procedures, such as the one of giving notice and/or quitting with the proper clearance from the job. It is also important to address any unresolved issues relating to your previous employment to everything before starting working again.
3. Employer's Discretion: The employer has the say over whether to rehire a former employee. They will take into account a number of things, including the organisation's needs, your prior performance and behaviour, and the reasons behind absconding. The employer might be more likely to consider re-employment if the absconder can show that they truly regret the past mistakes and are prepared to make changes, and that you are committed to carrying out your responsibilities.

Legal Assistance from Lawtendo

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