Dear Team,
Absconding / Abandoning or NCNS (No call No show) is a very common phenomenon in Call centers and BPO in India.
Most of our attrition constitutes absconding cases. Though the employee abandons us, we still pay the salary till the Last working day and
Incentives earned in the previous month. As per statutory compliances, we need to process and pay the Provident Fund anyways.
Now my query is:
· Are we legally entitled to pay the employee his salary and incentives even if he absconds from work?
· Under which Law is this point illustrated?
· Is there any time period for which we can STOP or HOLD the salary.
· What legal action can the employee take against us? (employer)
Would appreciate your inputs regarding this.
thank you much
Captain Shaker
From India, Mumbai
Absconding / Abandoning or NCNS (No call No show) is a very common phenomenon in Call centers and BPO in India.
Most of our attrition constitutes absconding cases. Though the employee abandons us, we still pay the salary till the Last working day and
Incentives earned in the previous month. As per statutory compliances, we need to process and pay the Provident Fund anyways.
Now my query is:
· Are we legally entitled to pay the employee his salary and incentives even if he absconds from work?
· Under which Law is this point illustrated?
· Is there any time period for which we can STOP or HOLD the salary.
· What legal action can the employee take against us? (employer)
Would appreciate your inputs regarding this.
thank you much
Captain Shaker
From India, Mumbai
Dear
Absence From duty
The Bombay Shops and Establishments Act Sec 66 proviso (a) says that notice of termination is not required under Sec 66 if an employee absents from service without notice in writing or without sufficient reasons for seven days or more which can be construed as misconduct .
Consequently the severance of the Employee for absence from duty has to be in tune with the legal requirement. Though the legal provision says that termination is possible without notice. It may not be a practical solution when one is dealing with large numbers .Documenting the absence is a legal compliance issue. The need for issuing a call letter requiring the employee to report for the job is the first step. This can be followed by the termination letter . But a synthesis of combining both may require legal acumen and expert legal advice and be a perfect solution for fast tracking the legal compliance on this aspect.
With Regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
more at https://www.citehr.com/285737-legal-...#ixzz1BOfDbOvP
From India, Bangalore
50Absence From duty
The Bombay Shops and Establishments Act Sec 66 proviso (a) says that notice of termination is not required under Sec 66 if an employee absents from service without notice in writing or without sufficient reasons for seven days or more which can be construed as misconduct .
Consequently the severance of the Employee for absence from duty has to be in tune with the legal requirement. Though the legal provision says that termination is possible without notice. It may not be a practical solution when one is dealing with large numbers .Documenting the absence is a legal compliance issue. The need for issuing a call letter requiring the employee to report for the job is the first step. This can be followed by the termination letter . But a synthesis of combining both may require legal acumen and expert legal advice and be a perfect solution for fast tracking the legal compliance on this aspect.
With Regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
more at https://www.citehr.com/285737-legal-...#ixzz1BOfDbOvP
From India, Bangalore
We do find similar No Show/absconding employees in other industries especailly after the pay day
Would like to know what our other colleagues are doing
Thier name appears in payroll,attendance master, etc and there is uncertainity and no documentation from employee side
We have been sending showcase emails, followed by reminder and with no reply coming in 2 months file is closed
I invite practical legaly sound solutions
From India, New Delhi
Would like to know what our other colleagues are doing
Thier name appears in payroll,attendance master, etc and there is uncertainity and no documentation from employee side
We have been sending showcase emails, followed by reminder and with no reply coming in 2 months file is closed
I invite practical legaly sound solutions
From India, New Delhi
Dear Captain Shaker
Some of judgement of Supreme Court on ABONDONMENT of employee are given below for ur help...This may help u I hope..
Striking off name of a workman for his absence from the rolls will be illegal.
Lakshmi Precision Screws Ltd. v. Ram Bhagat, 2002 LLR 961: AIR 2002 (S) 2914: 2002 LIC 2968:2002 FLR (95) 43:2002 (3) LLJ 516:2002 (4) LLN 25
There will be no violation of the principles of natural justice on the part of the management when the workmen absenting unauthorisedly have failed to comply with two notice including calling them to return to duty and on their failure, their names were struck off from the rolls.
Uttar Pradesh State Bridge Corporation Ltd. & Ors. v. Uttar Pradesh Rajya Setu Nigam and Ors., 2004 LLR 289 (SC).
It would be proper for the management to presume voluntary abandonment of an employee, when he did not respond to their calls to join duties.
Viveka Nand Sethi vs Chairman, J&K Bank Ltd. & Ors. 2005 LLR 641
regards.
Jawed Alam.
From India, Dhanbad
Some of judgement of Supreme Court on ABONDONMENT of employee are given below for ur help...This may help u I hope..
Striking off name of a workman for his absence from the rolls will be illegal.
Lakshmi Precision Screws Ltd. v. Ram Bhagat, 2002 LLR 961: AIR 2002 (S) 2914: 2002 LIC 2968:2002 FLR (95) 43:2002 (3) LLJ 516:2002 (4) LLN 25
There will be no violation of the principles of natural justice on the part of the management when the workmen absenting unauthorisedly have failed to comply with two notice including calling them to return to duty and on their failure, their names were struck off from the rolls.
Uttar Pradesh State Bridge Corporation Ltd. & Ors. v. Uttar Pradesh Rajya Setu Nigam and Ors., 2004 LLR 289 (SC).
It would be proper for the management to presume voluntary abandonment of an employee, when he did not respond to their calls to join duties.
Viveka Nand Sethi vs Chairman, J&K Bank Ltd. & Ors. 2005 LLR 641
regards.
Jawed Alam.
From India, Dhanbad
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