Do you have the legal point mentioned in the terms provided to the employee in case if he doesn't provide his notice to the company? If No, then there is no way a chance to proceed in legitimacy. You have to place that employee as in absconding list.
Please note, I am of the opinion that, the company does the recruitment with the intent to carry out its business activities smoothly and efficiently and to meet the customer requirement.
In case a person joins and leaves the company within 15 days and that also without giving any notice or informing the company that he is not going to continue his employment , then certainly the planning of the management in execution of the jobs is disturbed.
And moreover all appointment order generally contain a clause that both the parties are free to leave each other by giving one month notice or remuneration in lieu of the same.
Therefore it is immaterial how many days he has worked, the fact that he has left without giving proper notice, the company can follow the process of absconding against him.
One of our employee not reporting to work since 2nd Aug 2012.. We sent him the absconding letter to the address available with the companies records. Its returned undeliver stating that no one available to collect the same.
Apparently we come to know from the neighbors, employee wife committed suicide on 02.08.2012 and police arrested him on suspicious murder against harassment case.. Subsequently sent him to remand.. After one month he came back to work on bail and requesting for the employment..
1. Can we take someone who is arrested on some reason
2. Since he is not convicted any caselaws on the same matter.
I do concede that company shall recruit an employee relying him that business would go on smoothly without any hindrance, but what is the use of taking legal action when an employee doesn't carry any assets of the company in milieu of probation.
All and sundry understand that it can be a big detrimental affect to the company, but it is futile to initiate legal action and time consumption factor.
On humanity grounds we can offer him a job that give opportunity to survive. At the same time you will have to weigh PROS & CONS. Also, please get the information from police whether he can be employed.
You can take disciplinary action against him for absenteeism. However, since the background of suicide has no nexus to his employment, you can not chargesheet him as there is no misconduct on that count. The misconduct has not taken place on the premises of the establishment. After the enquiry for absenteeism is completed, pls check his past record of service. If there is a poor history of warnings, memos, etc., then depending on the gravity, you can decide the punishment. Please ensure proper disciplinary procedure is followed.
Please send him a letter at his local and permanent address and ask him to resume duty after explaining his absence. In the said letter you can also word it that in case he fails to resume duty you will be constrained to believe that he is no longer interested in working in the organisation.