Sudden Job Exit: How Should HR Handle Immediate Departures Without Notice?

Dear Fellow HR Managers,

In my team, one of my team members has been working for the past 5 months. During a project meeting, he informed the manager that he received a job offer and wants to leave immediately without providing a resignation letter. Consequently, he left the office without notice.

This sudden departure has caused serious trouble in my project, affecting both the team and the work plan. The appointment order clearly states a 1-month notice period, and he has signed it. As an employer, what action can I take in this situation?

Location: Chennai, Tamil Nadu. ITES Company.

Legal Action in Case of Resignation Without Notice

In the situation described, where an employee has left the job without notice in violation of the agreed-upon terms of a 1-month notice period, certain legal steps can be taken by the employer in compliance with Indian labor laws.

Steps to Address the Situation:
🔹 Refer to Employment Contract: Review the employment contract and appointment order signed by the employee. Ensure that the notice period clause is clearly mentioned.
🔹 Document the Violation: Keep a record of all communication related to the sudden departure, including the employee's verbal notification during the project meeting.
🔹 Contact the Employee: Attempt to reach out to the employee through phone calls, emails, or any other official communication channels to discuss the situation and the impact of leaving without notice.
🔹 Invoke Legal Measures: If attempts to contact the employee fail and the project is significantly impacted, consider seeking legal advice to understand the options available under labor laws to address the breach of contract.
🔹 Recovery of Damages: Depending on the severity of the impact caused by the sudden departure, the organization may explore options for recovering damages or losses incurred due to the employee's actions.

Relevant Indian Labor Laws:
🔹 The Industrial Employment (Standing Orders) Act, 1946: Provides guidelines for disciplinary actions in case of employee misconduct.
🔹 The Industrial Disputes Act, 1947: Governs employer-employee relations, including disputes arising from sudden terminations.

It is advisable to consult with legal experts or HR professionals well-versed in Indian labor laws to determine the best course of action in this particular scenario.