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Can anyone help me on this? One employee of our company absent from 3, 4 days and not informing anything to HR Department. Now when I called him he is stating that he accepted a job from other company. When I told him to submit resignation and serve the notice period, he was denying for that.
So How can I take action on that, problem is that he was working with us from 2 months but we did not release his offer letter, we have only mail confirmation that we are appointing him with us and he too revert the mail with his acceptance. So Please suggest me on this, my boss is asking me to take legal action on this.
Pinki Boruah
HR Operation Manager
From India, Hyderabad

2 months is a long time for not issuing an appointment letter. The employee has clearly taken advantage of the same. you will not be able to prove that he was aware about the exit clause.
A legal action, may not be in your favour. Also, check what proofs you have, where in you can prove that he was aware of the exit clause. The mail you have mentioned, will surely not have the exit clause written in it.
You can tell his current company that he has absconded from your place, but chances are that he has himself told the company so. Check with your lawyer first and then go ahead.
From India, Mumbai
Nothing can be done in this case, as you yourself only a defaulter in issuing the appointment letter covering the clause on separation.....in that case also, if he absconded, you have to take action on absentisum letter, no response termination letter...no further you can do. In my openion, dont waste time do complete, lets understand the reason for doing so, in such a short period.....and inform to the management for corrective action, so this will not be a situation future to refer.
From India, Mumbai
Thank you Ashutosh Takre and NILESHCB for your valuable opinion on this. Appreciate.
From India, Hyderabad
But has mutually agreed and signed in the Company Policy where it is clearly mentioned that, he need to serve one month notice period if he wants to resigned, if not able to serve, then need to pay one month salary to the company. So this is the advantage for me and also he did not submit his ID Card.
So, I think these all are enough for me to take a legal action.
Please suggest me .
From India, Hyderabad
Dear Pinki,
There is nothing you can do. Please consider about making recruitment process more concrete. please spend time in new recruitment instead of wasting it on him.
From India, Pune
The basis of any relation is an agreement between the 2. As the offer/appointment letter has not been given, the relation itself is voided, so a secondary clause in the company policy will not bind him.
Right now focus on renewing and strengthen the HR policies and workings.
From India, Mumbai
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