Employee Absconding Without Notice: Can We Take Legal Action or Terminate?

Respected seniors,

I am working with a retail firm as an Admin and HR officer, and one of my employees is not reporting without any kind of information. However, I have come to know from his friend that he has joined another organization without giving a resignation at our firm. Can we send him a legal notice for the same, or can we terminate him from his job?

Please suggest how I should handle this situation.

Thanks,

Dharmendra Rana

Sending notice to an employee absconding from work depends upon the position of the employee. If he has been holding a responsible position, you can send him a notice and ask him to report to duty. On the other hand, if he is a worker category employee, leave him by terminating service. However, to be on the safer side, send a formal letter stating that "You have been absent from work since... If you do not resume duty within 2 days, we will be constrained to terminate service, treating that you are no longer interested in the job."

Regards,
Madhu.T.K

Dear Sir,

I have one more question to ask. One of my employees has given their resignation just a few days back, and they are not reporting to work. When asked, they mentioned they are on leave as they have compensatory time off to utilize.

My question is, can someone go on leave during the notice period? If not, why? And if someone goes on leave without approval, what actions should be taken against the employee?

Thank you.

Well, make it clear to your employee that any kind of leaves are not permitted during the notice period. If he's still not listening, you can give an oral warning. Probably make him wait to receive this relieving letter.