What should I do if a company sends a legal notice for absconding?

In this era of increasing job opportunities in the private sector, it is very common for a person to leave a company and join another with a better salary and facilities. In this way, the cases of employees absconding from a company are also increasing. The term absconding literally means ‘to secretly run away from a situation to avoid custody or arrest’. In the working of the companies, it means leaving the company unprofessionally without giving a valid reason. In such cases, the company can take strict legal action against such employee.

What if I abscond from a company?

An employer may take legal actions against the employee if there is a case of absconding from a company. The following are various ways of how to abscond from a company:

1. The employee may have got better job opportunities at any other place where he had to join immediately and resignation from the old company seemed to be a tedious process.

2. The employee may have done unethical work like sharing confidential documents, information, or databases with another party, thereby causing a breach of trust.

3. The employee is not able to handle the work pressure or corporate politics at the workplace.

Employment is a kind of a contract and the employer expects the employee to serve his full-time duty. Where he has to leave the job, he should inform that beforehand and summarize all his pending works to another person on his behalf. However, according to the Indian Contract Act, no contract can be enforced if that contract harms the person performing the contract. Also, the Supreme Court of India has clearly stated that no employee can be enforced to employ without their own free will just because he has signed a contract with the company for serving them. The Court has also stated that the employer cannot hold back any important document of the employee to enforce him to work with the company. If there is no such contract, the company cannot claim anything from the employee. 

Is absconding a crime?

Absconding from a company is a crime and it is dealt with under section 82 of the Code of Criminal Procedure. So the company can take legal actions against the absconder. Under section 368 of the Indian Penal Code, if an employee threatens the employer that he may share some confidential document or information of the company with another party to perform some illegal act by the employer, it is considered as a crime of the same seriousness as that of kidnapping or abduction. The employer can take legal action by sending a legal notice to the employee.

Absconding law in India:

1. Issue of proclamation- This relates to the absconding of a person on bail in a legal suit. Under section 82(1) of the Code of Criminal Procedure, if the person has absconded to avoid an arrest warrant, the Court may publish a proclamation requiring such person to appear before the court at the specified time and venue within thirty days of such proclamation.

2. Attachment of property- Before issuing a proclamation that the person is assumed to be absconding, the court has to record reasons, statements of the witness, and evidence in writing. The Court has the discretion to attach the property of the absconder if they have a reason to believe that the absconder has the intention to dispose of his property from the local jurisdiction of the court.

3. Sale of property- If the absconder has not appeared before the court within the specified time and the court has attached the property, the court can sell the property as disposal of the Government. This can be done after the expiration of six months from the date of attachment and until the disposal of claims of objections if in case, have been done by the Magistrate.

4. Confession of the accused not to be used after execution of the case- Any confession made by the absconded after his appearance in the Court cannot be used against him after he is placed on trial proceedings as he had no opportunity of cross-examination.

5. Recording of medical evidence- 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.