Managing Employee Absconding and Salary Advances: Legal Considerations and Preventive Measures

Hi Everyone,

We are facing a serious issue in our company. One of our employees has taken a salary advance, and after a week, he is absconding. His number is NR. We called his alternate number (his uncle's), as mentioned in the company's records; he said he is unaware of his current location, as he has not come home in a year. We have his voter ID card as a government ID proof.

My query is, should we go legal to catch him? What can we do to avoid this situation, such as creating a bond/agreement or something else?

Waiting for your suggestions.

Hi Amritaa1,

I understand your problem.

Please address the following:

A. Since when has he been absconding? If it's recent, please lodge an FIR for the missing person with the Police Station, as he may have met with an unfortunate accident. Send written communication to his family stating that he has been missing from his workplace since a specific date.

B. Does he fall under the workman category? I assume so, considering he has taken a salary advance, which is a privilege for workers. In this case, raise this issue with the Union leaders and members. Request their cooperation. If there is no news after fifteen days, per his contractual obligations, there is a clause allowing termination of services for abandonment. Deduct his salary advance from his salary and entitlements in the Full and Final (F&F) statement, which I believe will cover the loss amount.

To protect the company's interests in the future, consider giving salary advances/loans to workmen only after they provide two guarantors (colleagues) with a clause stating that if he leaves or absconds, the guarantors would be responsible for repaying the company.

Best Regards,

Rajat

Hi Rajat,

Thanks for your response. This absconding employee works as an office boy in our company. Today we came to know that he has some dues left with the stores and food stalls nearby. Guide me on what to do next?