Dear Thakur,
When employee suddenly stops reporting for his/her duty, it is called as abandonment of employment. Under such circumstances, I doubt whether you can take legal action. About legal action, other legal experts will tell you. However, you can do the following:
a) Issue the notice to the employee concerned to his/her last known address for not reporting for duty and treat this absence as unauthorised. Send the notice by registered post A/D
b) If employee does not respond to the notice, issue the second notice.
c) If the employee does not respond to the second notice also, conduct the domestic enquiry. Issue him notice for domestic enquiry.
d) If he/she does not turn up for the domestic enquiry also, management can terminate his/her services.
However, if the employee is in possession of some company material, documents or intellectual property material and if he/she has abandoned the employment without proper handing it over, then you can approach the police with evidence of possession of the said material and lodge your complaint.
The draft of the first notice could be as below:
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Date: -
To,
Mr/Ms ______
Employee No: -
Designation: -
Address: -
Unauthorised Absence
1. We have observed from your attendance records that you have not reported for your duties since _____ (date). Before you stopped reporting for your duties, you had not obtained sanction for leave from your HOD.
2. We have treated your absence as unauthorised. Therefore, you are hereby directed to report for your duties immediately on receipt of this notice. When you report for your duties, report first to HR department.
3. As per our records, you are in possession of the following company material:
a)
b)
4. When you report to HR department, return the above mentioned company material.
5. If you fail to report to the HR department or if you do not respond to this notice then disciplinary action will be initiated against you under the provisions of _____ (mention here paragraph/clause No) of certified and approved standing orders
OR
5. If you fail to report to the HR department or if you do not respond to this notice then disciplinary action will be initiated against you under the provisions of _____ (mention here paragraph/clause No) of your appointment letter dated _____.
Authorised Signatory
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Thanks,
Dinesh V Divekar