Employee Refuses Resignation and Termination Letter Returned: How Should We Proceed?

Dear seniors and friends,

One permanent employee of our organization had remained absent without preintimation to his seniors. Firstly, we discussed with him regarding this, and when he again and again was found absent, we issued memos to him and demanded his clarification on this. Once we personally discussed with him, we knew that he will no longer work with the organization. However, according to him, he will not resign. On the other hand, he claimed certain amounts due from the organization on account of Annual incentive, Traveling allowance, and mobile allowance (which are not applicable to him).

Considering his non-replying to our memos, we terminated him by sending a termination letter due to his absence from work. He was designated as an Assistant Manager. We had sent the letter through registered AD post. After 15 days, we got the letter returned by post with the reason 'not claimed'.

In this case, what should the organization do from its point of view?

Regards,
sdd

Dear Sdd,

The same incident happened in our company with an employee who was designated as "Manager". The only difference was that he had not claimed any amount/dues from the company.

In any case, if the Termination Letter has returned or bounced back from the post, then you can/have to send him a legal notice claiming his dues from the company and to accept his termination letter. If there is no reply from that employee after the legal notice, then your company can file a case against that employee in court.

Regards,
Ankit
09869851356

If the notice sent to his address has been bounced, you can post it on the notice board of the office/factory where he was working. An inquiry shall also be initiated against him. A notice of the inquiry stating the time and place of the hearing shall also be sent to him by registered post with a copy posted on the notice board for display. A notice detailing the matter shall also be published in three local newspapers, which shall mention the disciplinary proceedings against the employee. If he appears for the hearing, the inquiry shall be conducted after serving him a copy of the charge sheet personally. If he does not attend the hearing, reschedule it for another date and inform the employee accordingly. If he fails to attend the second hearing as well, you can proceed ex parte and communicate the punishment.

Regards, Madhu.T.K