Employee Not Attending Work Since September: How Should I Handle Termination?

We appointed an Engineer in May '13 with terms and conditions for a six-month probation period. However, since Sep '13, he has not been attending his duties. Although he mentioned that he does not wish to continue his job, he has yet to submit his resignation formally.

Action Required for Employee Non-attendance

In this scenario, what action should I take? Should I continue to consider him as an employee? If so, until when? If not, what is the procedure for termination? I have not initiated any written communication with him.

This is for your information.

Best regards,
Parimal

Dear Parimal,

There is no need to continue employing him in case of unauthorized absence. Please send him an absconding letter from your legal adviser, asking him to return to work from a specified date. If you do not receive any response, send him a termination letter stating that he has been terminated from our employment for specific reasons.

Please find a copy of the absconding letter attached.

Thank you.

It appears that you have already sent communications to him, calling upon him to resume duty, as observed from your statement that you have received his reply expressing his unwillingness to continue with the job. You can now send a final notice referring to your previous communications as well as his letter of unwillingness, intimating him that he has voluntarily abandoned the job and treat him as such since then. If you have incorporated any clause to this effect in the appointment letter, you can refer to the said clause in the final notice to him of abandonment of the job.

Regards,
B. Saiumar
HR & Lab. Law Advisor

I do not envisage any legal issue with regard to the severance of the job if you have given him the opportunity to resume duty and explain his absence, and if he himself expressed his unwillingness to continue. However, you also need to complete his full and final settlement process properly.

Regards,
B. Saikumar

I do not envisage any legal issue with regard to the severance of the job if you have given him the opportunity to resume duty and explain his absence, and he himself expressed his unwillingness to continue. However, you also need to complete his full and final settlement process properly.

Regards,
B. Saikumar

I agree with others. As he is on probation, I do not think there will be any legal complications. Moreover, unauthorized absence during the probation period without information normally leads to immediate discontinuation of service. Please send a notice to report to duty and ask for a written explanation for his absence. Wait until the deadline ends, then you are free to terminate him.

Regards,
Dolphy

Hello friends,

The Supreme Court decided a case regarding the purported 'termination' of an employee for 'abandoning' her employment under the Industrial Disputes Act. The attached judgment of the Supreme Court will shed some light on such instances.