Employee Resigns Without Full Notice: Can Employers Pursue Legal Action for Double Employment?

Case of Employee Resignation and Notice Period

Refer to the case below and share your recommendations and views: One employee resigned and would like to be relieved within 10 days. As per his appointment letter clause, he needs to serve a 90-day notice period. The employer asked him to serve the full 90-day notice period. The employee submitted the resignation letter requesting to be relieved within 10 days but stopped resuming duty after this period and joined another organization.

Questions on Legal Actions and Approach

1. Can the employer file a case for double employment?
2. What legal actions need to be taken?
3. What approach should be followed?

Thank you.

Dear Harshdeep,

If the conditions of separation are clearly specified in the letter of appointment, then it is obligatory for both parties to adhere to these conditions.

Case of Abandonment of Employment

In the case at hand, if the employee has stopped reporting for duties 10 days after submitting a letter of resignation, then it is a case of abandonment of employment. Send a notice to his last known address for his unauthorized absence. If there is no reply to the notice or if the employee does not report for duties, then order a domestic inquiry and send a letter to the employee to appear before the inquiry. If the employee does not turn up for the inquiry, then send one more letter. If the employee still does not report for duties, then management may take an ex parte decision and terminate the services of the employee.

Joining Without Proper Relieving Letter

Generally, employers do not encourage job candidates to join unless they are properly relieved by the previous employer. In this case, it appears that the employee has joined a new organization though he does not have a proper relieving letter. The current employer of the employee or the HR department of the company could be desperate to fill the vacancy. Therefore, one gets the impression that they have allowed the employee to join even without a proper relieving letter.

Recommended Administrative Procedure

Nevertheless, I recommend you follow the proper administrative procedure in your company. Since the employee did not complete the notice period, you may send him a notice for the payment of an 80-day notice period. If the employee remains intransigent even then, send the lawyer's notice. If you wish to teach a lesson to the employee, you may send a copy of the communication to his current employer. This is a little deviousness. However, we need to employ such means sometimes.

The way you handle the case will send the right signal to the employees of your company. By following the right administrative procedure, you will be able to send the right signal to one and all about the fate that could await them if anyone abandons employment.

Thanks,

Dinesh Divekar