Employees Left Without Resigning: How Should We Handle Their Salary Demands?

Hi HR Group, I have a query regarding two of our employees who joined another company without resigning or giving any information. What action should be taken against them? I have put a hold on their salaries, and now they are demanding that we clear their salaries. Other employees have informed me that they have joined somewhere else. Should I draft a letter and send it to their permanent address? Please suggest what actions I should take.

Regards,
Aniruddh Raulji

You should hold their salary and clearance certificates. You can send letters to their address as well. The actual shame goes to the company in which they joined.

We don’t have any rights to hold their salary. You have to release the same even though they are not relieved properly. But if you want to take action against them post-release of the salary, you may follow any one of the below options.

1. If you know about their newly joined company, you may send a letter to the HR about their past employment with you, or you may contact them directly or through phone and explain what happened in the past. This will create a huge impact.

2. The second option is to hire a lawyer and go for legal action against them. It may be a lengthy procedure and will require more attention and time.

These things happen regularly everywhere. Anyway, don’t give any certificate (Experience/Relieving) because it's purely a management call to give their certificate. This will impact their career, not immediately, but maybe in the future.

Regards,
Madhan

I do agree with this. However, the querist needs to take disciplinary action against the employees. The employees are still on the company's roll since they have not resigned. They should be treated as being on unauthorized absence without leave.

Steps to Address Unauthorized Absence

My advice to the querist is that he should write a letter to the employees and ask them to report for duty with justification for their unauthorized absence. He should frame charges against them, conduct a domestic inquiry, and take appropriate disciplinary action against them.

HR Basics and Common Oversights

These are the basics of HR, but unfortunately, many HR professionals today, even with significant designations, do not know them. I'm very sorry to say it. I may be corrected if wrong.

Regards

I hope you have signed appointment letters for both of them. Please go through the terms carefully to see the organization's viewpoint on resignation from services.

I completely agree with Keshav—if it is more than 5-7 days, why did you not start the employee absconding process? If they have still not given a resignation in writing, please issue the first absconding letter. If they return to work, please have a domestic inquiry against them.

Regards,

You have been correctly advised to issue a notice (letter) to the employee for unauthorized absence from your organization, as the employee continues to be on your rolls. You also have the option to formally charge the employee in the letter if he/she has reportedly joined another organization—mentioning its name, which is also illegal. You should call upon the employee to submit a written explanation. If the explanation is not found satisfactory, you may issue a charge sheet mentioning the charges and set a date for a domestic inquiry.

You can proceed with the inquiry, observing the principles of natural justice.

Regards,
Cyril

Steps to Address Absconding Employees

- Notice them through a letter declaring them as absconding and call them to report to your company. Also, state in it asking them to pay the loss incurred due to their absconding. Hold gratuity and notice the same to the PF office. Subsequently, file an absconding complaint with the police.

- Subsequently, warn them through a legal notice to report to the company and to compensate for the loss; otherwise, civil and criminal cases shall be proceeded with. If they fail to respond to all the above, you are in a safe zone to proceed with legal action against them.