Employess Who Quit Without Serving "Notice Period" - CiteHR
Head - Human Resources
Ashutosh Thakre
Hr Professional
+1 Other

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Dear All,
Please suggest me the legal action or format of termination for those employee who left organisation without serving their notice period and due to them company suffered loss of Goodwill, Image and financial.
should we provide their Experience certificate if yes, why and what criteria should for providing letter.
Thanking you
Rohini Gupta

Hi Rohini Gupta,
If the company had spend monetarily on the employee, like training, higher education, etc. then the company can move legally and claim the amount spent on that employee. Also for this there should be a legal bond signed between both parties. Apart from that we cannot take any legal actions if an employee absconds, unless he/she absconds with company owned properties, intellectual properties, etc.
In general, if an employee absconds, the company treats that as NCNS and would not issue any employment documents.

Do not issue any letter to the employee, if he has just disappeared from the company or has not cared for the company rules, he is no position to ask the company to follow any rules.
Just ignore him.
Ashutosh Thakre

I understand your emotion but I need to write their termination letter. So Please suggest. Regards Rohini Gupta
Dear Rohini,
Send the employee an letter by register post, stating that he has not been coming to the office, since so-so date without any information. So report within 3 days of receipt of the letter.
Then send across another letter, stating that as he has not responded nor has joined the company, the employee has himself decided to terminate the employee- employer relationship.
Ashutosh Thakre

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