In Human Resources, absconding refers to the situation where an employee abandons their job without formally resigning, without providing any notice, and without any intention of returning. They typically cut off all communication with the employer, making themselves unreachable.
It is not a formal legal term but a descriptive label used by HR to classify this specific type of unauthorized absence.
Key Characteristics of an Absconder:
An employee is generally considered to have absconded if they demonstrate the following actions:
- Unexcused and Unexplained Absence: The employee fails to report to work for a consecutive number of days without informing their manager or the HR department.
- No Formal Resignation: They do not submit a resignation letter or officially communicate their decision to quit.
- Unreachable: The employer makes attempts to contact the employee through their provided phone numbers, emergency contact, and official email, but the employee is completely unreachable and does not respond.
- Abandonment of Property: The employee often leaves behind their personal belongings, company ID, laptop, or other property at the workplace, indicating a sudden and unplanned departure.
The Process from Unexcused Absence to “Absconding”
It’s crucial for HR to follow a due process before officially labeling an employee as an absconder. This protects the company from potential legal claims of wrongful termination.
A typical process in Nigeria might look like this:
- First Day of Unexcused Absence: The line manager attempts to call the employee. This is logged.
- Second/Third Day: HR gets involved. They attempt to contact the employee via multiple channels (phone, SMS, email). They may also contact the employee’s listed emergency contact to check on their welfare. The intent is to ensure the employee is safe and not facing a genuine emergency.
- Formal Show-Cause Notice: If there is no response after 3-5 consecutive working days, HR typically sends a registered letter or an official email to the employee’s address. This letter:
- States their unexplained absence.
- Directs them to report to work immediately or provide a valid explanation.
- Informs them that failure to respond by a specific date (e.g., within 48 hours) will lead to the assumption that they have abandoned their job.
- States that job abandonment will be treated as a gross misconduct offense, leading to termination of employment.
- Failure to Respond: If the employee fails to respond to the show-cause notice by the given deadline, the company can now proceed with termination on the grounds of abandonment of duty or gross misconduct.
Implications and Consequences for the Employee
Being labeled an absconder has serious negative professional consequences:
- Termination for Cause: The employment is terminated under a cloud of misconduct, not a neutral or positive separation.
- Loss of Financial Benefits: The employee typically forfeits any pending salary, accrued leave balance, gratuity, or other financial benefits that would be due upon a proper resignation. In many cases, the cost of any company property not returned may be deducted from their final paycheck.
- Negative Employment Record: This status makes it extremely difficult to get a positive reference from the employer. Future employers conducting background checks will likely discover the circumstances of their departure.
- Potential Legal Action (Rare): If the absconding employee caused financial loss to the company (e.g., by taking a client list, not handing over projects, or stealing company property), the employer may pursue civil or criminal charges.
Best Practices for HR in Nigeria to Handle Absconding
- Have a Clear Policy: The employee handbook must clearly define “Job Abandonment” or “Absconding.” It should specify the number of consecutive days of unexcused absence that will trigger the process (e.g., 3 or 5 working days) and outline the steps that will be followed.
- Document Everything: Meticulously log all communication attempts (call logs, SMS, emails), copies of the show-cause notice, and the proof of delivery for any registered mail. This documentation is vital evidence if the employee later disputes the termination.
- Follow Due Process: Never assume abscondment after one day. Always follow the steps of communication and the show-cause notice. This demonstrates good faith and protects the company from claims of unfair dismissal under the Nigerian Labour Act.
- Conduct an Exit Clearance: Even in absentia, go through the exit process. Calculate what is owed to the employee (if anything) and what the employee owes the company (e.g., unreturned assets). Send a final termination letter to their last known address, stating the reason for termination (abandonment of duty) and settling all accounts.
In summary, absconding is a serious act of professional misconduct where an employee vanishes from their job. For HR, it’s a situation that must be handled with strict adherence to a documented process to ensure legal compliance and protect the organization’s interests.
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