Employee Left Without Notice and Now Threatens Legal Action: How Should We Respond?

Dear All,

One employee worked for 23 days and absconded; he did not contact HR or provide any reason. He had already signed the appointment letter, which stipulated a one-month notice period.

Now, he is requesting his salary and threatening legal action in the labor court. Please advise on the appropriate course of action.

Thank you.

Follow-up Actions for Employee Absconding

Was there any follow-up from the company's side? Did the company send any notice or letter to the employee? If yes, then you can proceed with the F&F, show salary for 23 days, deduct the notice period for one month, and send the letter for recovery.

But, if there is no follow-up from your side and you have asked the person not to come into the office or prohibited him from communicating with the office, then he has all rights to go to the Labour Office for recovery. However, if you have not done anything wrong, why be afraid? Let him go to court; you can prove that he has not followed the process and he is liable to pay as the notice period is longer than the work he has done. Also, if he has only worked for 23 days, then he shall not be entitled to a bonus, as he has not completed 30 days.

Abscondence or unauthorized absence from work is certainly misconduct. In a situation of misconduct, the employer should not remain inactive based on the short spell of service rendered by the absconder so far. Taking advantage of your inaction, the absenting employee demands his salary for the 23 days he already worked without submitting a formal resignation letter to avoid his notice period obligations.

Therefore, first ask him to report for duty forthwith with an explanation for his unauthorized absence. Whether he complies or not, you can take proper disciplinary action and terminate his services. However, such a move would not affect his right to salary for the days he actually worked. It is, therefore, important to persuade him to submit his resignation, accept it, and adjust the unpaid salary against the notice pay.

Kind regards

Dear Sir,

In accordance with the job abandonment process, is it mandatory to send a job abandonment letter to the absconded employee's postal address? Or can sending an email with the same context be considered a legal procedure for the termination of service?

Thank you.

Dear Pravin,

A letter in this regard on the company letterhead with the authorized signature is more important. The email will not serve as proof if it is not sent from the authorized person's email ID. So, it is better that we send a job letter through registered A.D. where we even have proof that it was delivered to his home.

Regards,

Has the employee submitted his resignation letter in writing? Has the employer sent a letter about unauthorized absence to his address as furnished by RPAD, directing him to report for duty?

Dear Seniors,

This is in reference to the point that the company should follow up in the case of an absconding employee. As you are aware, in the case of registered mail, due to laxity from the postal department, we might not receive the proof of delivery on time. In such a case, is it acceptable if we provide the online tracking report stating that the document has been delivered?

Thanks and Regards,

Neha Bhardwaj