How to Handle Employees Who Abscond from Work in Malaysia

Having an employee who suddenly disappears or skips work without a clear reason can be really frustrating.

It doesn’t just slow down the work, but it can also cause losses to the company.

So, how should you handle this kind of employee? This article will guide you through the answers.

Definition of “absconded from work”

An employee is considered to have absconded when they leave their job without notice and stop reporting to work, often without any intention of returning.

It's different from someone being sick or requesting emergency leave.

There’s usually no explanation, no message, and no formal resignation.

It’s also different from resignation or termination:

Resignation: The employee voluntarily informs the company they’re leaving.
Termination: The employer officially ends the employment.
Abscondment: The employee disappears without any communication, creating legal and operational challenges.

Signs an Employee Has Absconded

Employers often face uncertainty in the early days of a disappearance.

Some typical signs are:

The employee doesn’t show up for several consecutive days.
They don’t respond to calls, emails, or even official letters.
There’s no medical certificate or valid explanation submitted.

When all lines of contact fail, and there's no communication from the employee, it may be time to consider the next steps.

Common Reasons Employees Abscond

Employees don’t always vanish without reason.

Understanding the “why” behind their action can help HR handle current cases better and build better systems for the future.

Some common reasons include:

Job dissatisfaction: Poor working conditions, unrealistic expectations, or conflicts at work.
Better offers: Some employees leave abruptly to join another company without serving notice.
Pending disciplinary action: When an employee fears being terminated or penalised.
Personal problems: Financial issues, mental health challenges, or family emergencies.
Toxic environments: Cases involving harassment, unpaid salaries, or poor leadership.

Whatever the reason, it’s still the employee’s responsibility to exit properly, and the employer’s duty to manage it fairly.

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Legal Implications for Employers

Under Malaysian labour law, abscondment may fall under “abandonment of employment”, especially if the employee is absent without a reasonable excuse for multiple consecutive days.

Employers need to:

Document the absence and communication attempts.
Issue an official show cause letter.
Conduct an internal review if necessary.

The Employment Act 1955 and Industrial Relations Act require employers to follow fair procedures.

Terminating someone just because they went missing, without giving them a chance to explain, can backfire in court.

How to Handle an Employee Who Absconds

Reach out first: Try to contact the employee via phone, email, or even through their emergency contact.
Send a show cause letter: Give them a chance to explain their absence in writing.
Review the situation: If no explanation is given, conduct a domestic inquiry if required by company policy.
Decide the next step: If no valid reason is received, proceed with termination, with proper documentation.

Every step should be recorded. This documentation can protect your company in case of legal disputes later.

Abscondment Policy for Employers

It’s easier to act when there’s a clear policy in place.

A well-written abscondment clause in your employee handbook or offer letter helps set expectations from the start.

This clause can include:

The number of consecutive absent days is considered as abscondment (e.g., 3 working days).
The disciplinary process is involved.
Potential consequences such as immediate termination or loss of benefits.

Impact of Abscondment on Payroll and Benefits

Abscondment also affects payroll and benefits. Employers should consider the following:

Final salary: Typically, salary is only paid up to the last working day. If the employee vanished mid-month, only the worked days are paid.
Unused leave: Depending on the company’s policy, leave balance may be forfeited.
Bonuses and gratuity: Abscondment may void any pending bonuses or long-service rewards.
Statutory contributions: EPF, SOCSO, and EIS contributions must still be recorded up to the final payroll.

Can You Take Legal Action Against Absconded Employees?

Yes. If the employee caused financial losses or breached contractual obligations, employers have legal options:

Report to the Industrial Court, especially if the employee left during a disciplinary process.
Seek recovery of company property, loans, or damages through civil action.
Blacklist the employee within industry networks though this must be done carefully and ethically.

Preventing Future Abscondment

Prevention is better than a cure. HR can reduce the risk by doing:

Stronger onboarding: Make sure new hires understand expectations and feel supported from day one.
Transparent probation process: Check in regularly, especially during the first few months.
Build engagement: Create channels for employees to share feedback and frustrations.
Exit interviews: Even in tough situations, try to learn why someone is leaving. Patterns will emerge over time.

FAQ

Is absconding a crime in Malaysia?

Absconding is not a criminal offence under Malaysian labour law, but it can lead to termination and civil action if contractual terms are breached.

Can I hold an employee’s salary if they abscond?

No. Employers must still pay any outstanding salary up to the last working day. However, unused leave or bonus entitlements may be forfeited depending on company policy.

Can foreign workers abscond? What should we do then?

Yes, foreign employees can abscond. Employers should report to immigration authorities immediately to avoid legal complications under the Foreign Workers Act.

What’s the difference between resignation and abscondment?

Resignation is a formal exit with proper notice. Abscondment is leaving without notice or communicationan unprofessional exit with potential legal consequences.