Employee Absconding: How Can I Properly Close Her Documentation Without Legal Action?

Hi, can someone help me with the situation below?

Employee Absconding Situation

One of our employees sent an email in the first week of June stating that she was not feeling well, and the doctor advised her to take two weeks of rest. We have been trying to reach her, but her number is switched off. We also sent an email asking her to report to the office, but she has not responded. We have come to know that she has joined another company. Now, I want to close her documentation. We do not want to pursue any legal action as the employee's position is not that important.

How can I close her documentation by stating that she was absconded?

Thanks in advance,

Sravanthi

A verification attempt by sending a registered letter with Ack Due can be sent to her address as per documents.

In case the name of the doctor is known, a cross-verification may be thought of. Then he/she can finally be treated as an absconder.

First of all, send the absenteeism letter to her by registered A.D. on both her communication and permanent address, and give her a few days to join. If no communication is provided from her side, send another final letter referencing the previous one. If there is still no reply from her side, remove her from the records. The reason for her removal should be struck off. However, keep in mind that all communication should only be through registered post.

Thanks

Response to Sravanthi Naidu's Request

With regards to your request, "Can you help me to prepare a letter to send her," and Nathrao's comments, I suggest keeping this in mind: even God 'helps those who help themselves,' and the members of this forum are, after all, human beings. You have already sent her an email—do you think the content of the suggested letter would be any different? So, I don't think this is something that can't be at least attempted on your end. Please draft the content and post it in the thread, and the members could then give legally binding suggestions to handle your issue.

Regards,
TS

I suggest dropping an email to the registered email address or sending a message to the registered phone number, stating the consequences of not reporting to the office within 7 days of being absent. If the person returns, then that's good; otherwise, you can terminate the individual for abandoning their duties.

In the unlikely event that there is no email address or phone number, send a physical letter and obtain acknowledgment. Remember, according to the law, if a person is absent for more than 7 days and attempts to contact them have been unsuccessful, the termination process can be initiated.

A similar law applies in the case where a person is untraceable for 7 years; the law declares them deceased, and insurance and other claims are paid to the beneficiaries.

I agree with TS that you shouldn't look for 100% ready-made solutions; attempt a draft on your own, and the other team members can suggest any necessary alterations.

Thank you,

Gurvinder

Dear Sravanthi,

Please send an RPAD letter to the absent employee regarding the unauthorized absence. Generally, the company allows for 8 days of unauthorized leave. If the employee exceeds the prescribed leave limit, please send a second communication letter requesting termination.

There is no need for immediate action on this matter. Simply sending an RPAD letter should suffice to address the issue. In case of non-response, initiate Full and Final (F&F) settlement procedures and transfer the amount to the employee's salary account before proceeding with termination.

Regards,
Sathish G