What is Absconding: Meaning, Reasons and Legal Actions

What is Absconding?

Absconding refers to the unauthorized and sudden departure of an employee from an organization without informing anyone including their peers or submitting any formal notice of resignation. This employee leaves the organization without completing their notice period or fulfilling their organization contractual obligation. Depending on the organization policy some employers may decide to take disciplinary action against the absconder or may terminate them without notice.

What are the reasons an employee absconds from work?

There can be many reasoning for absconding from work, some of the are:

• Personal issues like relocation or family emergencies.
• Dissatisfaction from the job either due to toxic work environment, work politics or grievances.
• Better job opportunities elsewhere.
• Conflict with colleagues or seniors in the organization over minor issues.
• Mismatch of expectation during hiring and the actual job responsibility and role.
• Lack of respect and recognition in the organization.
• Personal health challenges.
• Lack of career development opportunities in the organization.

Can any employee abscond from the company? Is absconding illegal?

An employee can abscond from the company. It is not illegal but it may have legal consequences in civil or labor law domain in India and is dealt under section 82 of the Indian Penal Code. In the United States, absconding from an organization, or leaving a job without providing notice, is generally not considered a criminal offense.

Can the employee join another company after absconding?

Yes, employees can join another company after absconding but it may be subject to professional and ethical implication later. Some employers may offer employment to an absconder depending on the reason like work history or reason for absconding but some view it negatively which impacts the employee reputation and employability. Further during background checks conducted by a prospective employer it can be revealed that the employee is an absconder which might affect her joining.

How to stop absconding employees?

Every organization should set up strategies to prevent and minimize employee absconding, establishing clear organization policies explaining the consequences and legal action in the employee handbook. Here are a list of action an organization can take to help prevent employees from absconding:

• Establish Clear communication: organization should focus on maintaining an open and transparent communication with the employee letting them approach the higher authorities or respective management for any disputes or issues they might be facing. 
• Employee engagement programs: implement an employee engagement plan to foster a positive work environment where employees are rewarded and recognize them for their contribution. The programs should also include employee wellness programs and a flexible work arrangement where employees can have a proper work life balance.
• Effective Onboarding: Organization should clearly communicate their expectation from the employee, the job role and responsibilities before onboarding the new employee. They should also highlight the company value, culture and expectation during the interview and training stage.
• Performance feedback: performance feedback promotes consistency in employees and motivates them to work harder. Organizations should conduct regular or quarterly performance reviews to provide feedback to employees and set up goals for their future tasks. This also provides both the organization and employee to address any concerns or issues that may contribute to dissatisfaction in employees and ways to fix them.
• Competitive Compensation: Ensuring organizations provide a better salary and benefits to employees compared to its competitor can also help retain employees and prevent them from leaving. HR should regularly review and adjust the compensation package based on market standards and provide a better package that attracts more talents.
• Career Development Opportunities: Organization should provide opportunity for upskilling as well skill development opportunities to its older and new joiners. This way they will have the technical knowhow for the latest tech and would be able to compete with their peers without having to feel demotivated.
• Leave and Absence Policy: establish a clear leave, absence and attendance policy for the employee to follow. Outline all the leaves they can avail in a year, number of holidays allotted and penalties for coming late in the office. This will help prevent any unauthorized absences and violations.
• Exit Interviews: conduct exit interview with employees leaving the organization to gather information about key areas of improvement, address concerns and point out any potential employee who are planning to leave the organization.

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

In most of the cases employees who abscond are not given salary from the date of his absence. Organizations typically have policies where they pay employees on the basis of number of days worked or for the one who served notice period. 

Can the employee abscond without serving notice period?

Yes, absconding is basically leaving the organization without serving the notice period which is a breach of contract between the employer and the employee. Organizations can also withhold benefits and issue warning and recover any losses incurred due to this abrupt departure.

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

Absconding from your first employer tends to have long term consequences on one’s career since it leads to a bad reputation in the job market which will decrease the chances of getting jobs, and slowing down the career and professional references. Building a strong and consistent workforce is crucial for a successful career.

How to track employees from absconding?

To track employees who are more likely to abscond, an organization can implement an attendance management software which has in-built regular check-ins with employee time tracker and address underlying attendance issues to the HR manager. These tools help in identifying patterns which help in reducing the risk of absenteeism and absconding.

How can one remove the label of absconding?

The only way to remove the label of absconding involves reaching out to your employer and having a discussion with them and explaining the reason for the absconding and expressing your willingness to resolve any outstanding issues or conflicts and obtain a No Objection Certificate (NOC) from them. Seeking a positive reference from your colleague and demonstrating commitment to future employers can also help mitigate the impact of absconding on your career.

What is the time period for absconding?

The duration that qualifies as absconding is 3 days meaning an employee who fails to report to the organization after 3 days without any notices can be identified as absconder.

Is absconding and termination same?

Can I withdraw my PF after absconding?

An employee does not have to await approval from the employer for EPF withdrawal anymore. It can be done directly from the EPFO, provided the employee’s UAN and Aadhaar are linked, and the employer has approved it. EPF withdrawal status can be checked online. (source: Bankbazar)

How do I inform HR about an abscond employee?

Informing the HR about an absconding employee is an important step to ensure proper documentation is done. Here are some steps:

• Gather information about the employee such as their full name, last login, employee id, department they work in and last known project and any details about the last day they were present.
• Understand the policy related to absconding as mentioned in the employee handbook and look at the procedures for reporting such cases.
• Document all the attempts made to reach out to the employee whether email, phone call, house visit anything.
• After all this, reach out to your HR and inform them about the employee and share all the details you collected so far by attaching them on the email as proof.
• After sending out the email follow-up with the HR to track whether HR are taking action to ensure these issues are being taken care of.

Are there interviews to identify potential reasons for absconding?

Exit interviews are a perfect tool to understand the reason for an employee leaving the company and can help understand absconding too. By gathering feedback, organizations can identify areas of improvement, address concerns and implement changes to tackle the problem and reduce the likelihood of future absconding incidents.