How to Draft Legal Notice to Absconding Employee

How to Draft Legal Notice to Absconding Employee

ABSCONDING – This is the most amateurish and untrustworthy path for any employee to isolate from their association. An absconder is an individual who leaves the organization without prior notice or not following the right procedure of going. 

An employee who swears off their activity without a hint and stays untraceable is alluded to as an absconder and can face bitter implications from the employer.

Main Reasons for absconding employee

The reasons behind absconding away could be organization related, employee-related, director related, and even identified with the market circumstances. 

A few reasons why the employee slipped off include: 

» Extreme Lack of engagement in work job 

» Lack of duty from the employee 

» Negativity at the working environment 

» False guarantees made during interviews

» Conflict in people and association’s objectives 

» Absence of remunerations and acknowledgment 

» Not having the option to adapt up to work weight and stress 

» Strict director who doesn’t trust in individuals related practices 

» Better occupation opportunities

» Disagreements between manager and employee

» Personality issues

A right time to send a legal notice to absconder employee

You can utilize the accompanying grouping of steps when such an occasion occurs in your association. Do keep of all communications with the absconder on the employee record. 

Contact the absconder telephonically and by sending an email. 

If there is no reaction, then convey by sending an authority (enrolled or messenger) letter on the last known location of the employee. 

Statement the proper segments of your employee handbook and enquire explanations behind not coming to work. Request that the employee report back right away. 

If no answer received within a specified period, send an admonition letter, obviously showing that an end move will be made if the employee doesn’t report back to work. 

If no answer received within 15 days of the notice letter issued, an organization can make a legitimate move by sending a legal notice and fire absconding employee. 

Note: It is imperative to fire, for example, employees once you have depleted all alternatives of attempting to connect with the absconding employee. 

Key Points to Draft a Legal Notice to an absconding employee.

It is the right time to issue a legal notice to absconding employees when an organization has failed all the attempts to get in touch with the employee. 

Here are some points that can’t be ignored:

  • Mention the act of absconding is highly unprofessional and unethical towards work culture.
  • Jot down carefully all violations of policies and bye-laws of the organization made by absconding employees.
  • Mention, he/she was unable to handover their unfinished work.
  • Mention sudden flee from the work cause a loss to the company.
  • Check if any asset of the organization possessed with absconding employees.
  • Mention this action will cause a bad review over a public rating platform i.e., IREER.
  • Mention that he/she failed to serve the requisite prior notice period.
  • Ask to pay the amount in lieu of the unserved notice period and mention companies’ bank details.
  • Mention failure to pay the amount will lead to the filing of civil/criminal complaint as per prevailing local laws.
  • Must ensure the legal notices issued over absconding employee personal email and last known residential address.

Legal notice to absconding employee format

Date:

To

Dear ________ ,

It’s advised through appropriate channels that you’re absconding from your job without providing any proper intimation to the official government. 

We attempted to contact you over your personal email/number but can’t reach you. It’s deemed as unprofessional and unethical behavior on disciplinary grounds.

It is brought into your notice that you have not served with the proper prior-notice as per the terms of the employment agreement/company policy. Furthermore, You have also not handed over the charge as on date to your reporting Manager.

We further wish to state that you are liable to pay the notice amount equivalent to xxx-month salary as a recovery for non-serving of the notice period as per the agreed terms/company policy

Find below banking details for depositing the amount. If the same amount has not been credited within XXXX days, then legal action shall be initiated for recovery, and we reserved the whole rights to review and rate you over the International Registrar of Employee and Employer Rating Platform.

Account Details

XXXXX

XXX

XXXX

In case of any clarification required, you can approach the HR department during working hours.

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