Employee Resigned and Disappeared: How Should We Handle This No-Notice Situation?

Hello friends,

We are facing an issue with one of our employees. He submitted his resignation on 16th Dec 2019, and from 18th Dec 2019, he left without serving the notice period. We have attempted to contact him, but he is not answering the calls or responding.

What actions can we take in this situation? Please help me.

Have you issued an appointment letter to that employee? Are there any terms and conditions regarding exit, leaving conditions, notice period, etc. If there is a provision for a notice period, you can deduct 14 days as the notice period if he was present for 16 days. If there is no such provision in the appointment letter, then you have to pay salary for 16 days to that employee.

Sanjay Tiwari
GM HR & IR
Air Control & Chemical Engineering Co. Ltd.
M: 9727704102

Every resignation becomes effective only when it is formally accepted by the employer, and the resignee is relieved upon fulfillment of the stipulated notice conditions. Until such a formal occasion, the employee is deemed to be in service. If the employee remains incommunicado to avoid the notice conditions, they can be subject to disciplinary action for abandonment of job as per the organization's rules of discipline and may be terminated.

Notice Period in Employment Contracts

Notice is a condition stipulated in the contract of employment, the appointment orders, or the service regulations, requiring both the employer and employee to comply if either intends to terminate the employment contract. At times, it can be a statutory requirement imposed on the employer, such as during retrenchment as outlined in section 25-F or 25-N(1)(a) of the Industrial Disputes Act, 1947. For an employee, there is no obligation to provide statutory notice to the employer if not specified in the contract, appointment orders, or service regulations.

Legal and Factual Considerations for Notice Periods

The question of whether an employee must serve the complete notice period involves both legal considerations and factual aspects. If an employer can terminate the contract by paying the notice period salary in lieu of notice, the employee can also opt to buy out the notice period legally. However, as the superior party in the contract, the employer has the privilege to accept or reject the buy-out offer based on the exigencies of the establishment's work requirements.