Is it a criminal offense?

A person is hired permanently by an institution. After 4 yrs, the person make a contract with the institute that I want to go for further study, please save my job, I will return to serve the institute after 5 yrs of my studies. The institute agrees the proposal. As a rule of the institute, the company agrees to pay his minimum salary for 5 yrs while the person is not serving the institute.Until five yrs to finish, the person takes money from the institution according to agreement. When 5 yrs is finished, the person who was taking money from institution (without working) suddenly stops contacting the institute and disappears. Now, my question is : Can we sue the guy in criminal charges (like getting money by fraud.. breaching contract etc..)? Thank you very much.