Employess Who Quit Without Serving "Notice Period"

Dear All,

Please suggest to me the legal action or format of termination for employees who leave the organization without serving their notice period, causing the company to suffer losses in goodwill, image, and financially. Should we provide them with an Experience Certificate? If yes, why, and what criteria should be considered for providing the letter?

Thank you.

Regards,
Rohini Gupta

Hi Rohini Gupta,

If the company had spent monetarily on the employee, such as for training, higher education, etc., then the company can legally move to claim the amount spent on that employee. For this, there should be a legal bond signed between both parties. However, the company cannot take any legal actions if an employee absconds, unless he/she absconds with company-owned properties, intellectual properties, etc.

In general, if an employee absconds, the company treats it as a No Call No Show (NCNS) and would not issue any employment documents.

Do not issue any letter to the employee if he has just disappeared from the company or has not cared for the company rules; he is in no position to ask the company to follow any rules. Just ignore him.

Regards,
Ashutosh Thakre

I understand your emotions, but I need to write their termination letter.

So, please suggest.

Regards,
Rohini Gupta

Dear Rohini,

Please send the employee a letter by registered post, stating that he has not been coming to the office since [specific date] without any information. Request a report within 3 days of receipt of the letter.

Following this, send another letter indicating that as he has not responded nor joined the company, the employee has decided to terminate the employer-employee relationship himself.

Regards, Ashutosh Thakre