I would like to ask the fraternity here. We have had an employee who has abandoned the job without serving his notice. He also owes the company a certain amount against a training course for which he was sent. We have sent him mails and letters to which he does not respond. Regd. AD has come back for no acceptance. Even if we think of sending him a legal notice, where can we send as he is no longer available on the addresses available in our database.
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Understanding "No Acceptance" on Registered Letters
The official endorsement of "No Acceptance" on a registered letter sent by post to any person at their last known address means "Refusal" by the addressee, which in effect would amount to "service of the letter." It also implies that the person resides at the same address. Therefore, a legal notice, if any, can be further sent to them at the same address. Simultaneous publication in local vernacular and English editions of some popular newspapers would be a more effective means of communication to the absconder.
From India, Salem
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The official endorsement of "No Acceptance" on a registered letter sent by post to any person at their last known address means "Refusal" by the addressee, which in effect would amount to "service of the letter." It also implies that the person resides at the same address. Therefore, a legal notice, if any, can be further sent to them at the same address. Simultaneous publication in local vernacular and English editions of some popular newspapers would be a more effective means of communication to the absconder.
From India, Salem
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Sending a Registered Letter
1. You have sent a registered letter to his last known address, and that's sufficient. It doesn't matter whether the addressee received it or not. Legally, if you post it on the 1st, it is deemed to have been delivered on the 3rd or 5th working day (depending upon the location), provided the address is mentioned completely (as given by the employee at the time of joining).
Sending a Letter via Email
2. You can send the letter through email, which is accepted as proof by courts.
Marking as Absconded
3. If there is no response for 15 days, you can mark it as absconded. Send a letter as well as through email.
Training Cost Consideration
4. You have not mentioned the amount you spent on training. If it's under $5000, it's better to write it off. Certainly, he won't pay, and litigation is a waste of time and resources.
From India, Chennai
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1. You have sent a registered letter to his last known address, and that's sufficient. It doesn't matter whether the addressee received it or not. Legally, if you post it on the 1st, it is deemed to have been delivered on the 3rd or 5th working day (depending upon the location), provided the address is mentioned completely (as given by the employee at the time of joining).
Sending a Letter via Email
2. You can send the letter through email, which is accepted as proof by courts.
Marking as Absconded
3. If there is no response for 15 days, you can mark it as absconded. Send a letter as well as through email.
Training Cost Consideration
4. You have not mentioned the amount you spent on training. If it's under $5000, it's better to write it off. Certainly, he won't pay, and litigation is a waste of time and resources.
From India, Chennai
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Part I Employee Action Analyse.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf