We donít have any rights to hold their salary. You have to release the same even though they are not relieved properly. But if you want to take action against them post release the salary you may follow any one of the below.
1. If you know about their newly joined company you may send a letter to the HR about their past employment with you or you may contact them directly or through phone and explain what was happen in the past.this will create a huge impact
2. And the second option is hire a lawyer and go for legal action against them. It may be a lengthy procedure and its should require more attention and time.
These things happen regularly throughout everywhere. Any way donít give any certificate (Exp/Rel) because its purely management call to giving their certificate. This will impact their carrier not now immediately may be in the future.
My advise to queriest is, he should write a letter to the employees and ask them to report the duty with justification of their unauthorized absence. He should frame charges against them, conduct the domestic enquiry and take appropriate disciplinary action againt them.
Those are the basics of HR but unfortunately many HR guys of today with big big designations do not know it. I'm very sorry to say it.
I may be corrected if wrong.
I hope you have signed appointment letters for both of them. Please go through the terms carefully to see the organization's viewpoint on resignation from services.
I completely agree with Keshav - if it is more than 5-7 days, why did you not start the employee absconding process? If they have still not given a resignation IN WRITING, please issue the first absconding letter. If they return to work, please have a domestic enquiry against them.
You have been correctly advised to issue notice (letter) to the employee for un-authorised absence from your organisation, as the employee continues to be on your rolls. You have also the option to formally charge the employee in the letter that he/she has reportedly joined another organisation - mentioning its name, which is also illegal. You should call upon the employee to submit the written explanation . If the explanation is not found satisfactory, you may issue a charge-sheet mentioning the charges and fix up a date for domestic enquiry.
You can proceed with the enquiry, observing the principles of natural justice.
-Also state in it asking them to pay the loss incurred due to their absconding.
-Hold gratuity & notice the same to PF office.
-Subsequently file an absconding complaint to police
-subsequently warn them thru a legal notice to them toreport to company & to compensate the loss else
civil & criminal case shall be proceeded.
If they fail to respond all the above, your in safe zone to proceed legal action against them