Employee Resigned Without Notice After 2 Months: How Should HR Handle This Legal Dilemma?

Employee Absence and Resignation Issue

Can anyone help me with this? One employee of our company has been absent for 3 to 4 days without informing the HR Department. When I called him, he mentioned that he accepted a job offer from another company. I asked him to submit his resignation and serve the notice period, but he refused to do so.

I am unsure how to proceed in this situation. The issue is that he has been working with us for 2 months, but we have not released his official offer letter. We only have email confirmation that we are appointing him, and he responded to the email accepting the offer.

Please advise me on how to handle this situation as my boss is considering legal action.

Regards,
Pinki Boruah
HR Operations Manager

Legal considerations for delayed appointment letters

Two months is a long time for not issuing an appointment letter. The employee has clearly taken advantage of this situation. You will not be able to prove that he was aware of the exit clause.

Legal action may not be in your favor. Also, check what proofs you have wherein you can prove that he was aware of the exit clause. The email you have mentioned will surely not have the exit clause written in it.

You can inform his current company that he has absconded from your place, but chances are that he has already informed them himself. Check with your lawyer first and then proceed.

Regards,

Nothing can be done in this case, as you are yourself a defaulter in issuing the appointment letter covering the clause on separation. In that case, if he absconded, you have to take action on the absenteeism letter, no response termination letter. No further action can be taken. In my opinion, don't waste time completing, let's understand the reason for doing so in such a short period and inform the management for corrective action so this situation will not occur in the future.

But, it has been mutually agreed upon and signed in the Company Policy that he needs to serve a one-month notice period if he wants to resign. If he is unable to serve the notice period, he will need to pay one month's salary to the company. Additionally, he has not submitted his ID card. Considering these factors, I believe I have sufficient grounds to take legal action. Please advise me on the next steps.

The basis of any relationship is an agreement between the two parties. As the offer/appointment letter has not been provided, the relationship itself is voided, so a secondary clause in the company policy will not bind him.

Right now, the focus should be on renewing and strengthening the HR policies and practices.

Regards,