Dmc123
Associate Consultant
+2 Others

What action can be taken against an employee who is absconding and whom no appointment letter has been issued under indian law? He took a leave on medical grounds and has not reported since. We have enough evidence that he was working with the company and he also has submitted his resignation letter through mail.
Please help
6th October 2012
When your company believes in informal arrangements in employment and employee discipline, why should you expect the law to come to the rescue of the organisation? Naturally, when there are no prescribed terms and conditions, no formal appointment letter, no prescribed rules of empoyees conduct, you won't have any tool to take any penal action against him even if you have more than enough evidence of his working with the company. If he has submitted his resignation, even through mail, you can ask for the notice period pay only from the employee as per the State Government's Shops & Establishments Act, provided the notice period is less than 30 days.
18th October 2012 From India , Delhi
Dear Friend,
It seems that you have very casual recruitment process in your company. However it can be proved that the employee was in your employment through the process of constructive employment via the process of proposal and acceptance and part performance based on that which constitues an agreement. If the employee has resigned then what action you want to take on him and why ? If the employee has stolen some thing or has done some sort of embezzlement then you can lodge the FIR to recover the same.
I think your query is resolved.
Thanks to All,
Raj Singh Phogat
15th December 2012 From India, Delhi
Dear Sir,
Even if no appointment letter is issued to him, if he is a permanent employee you first have to issue him a letter asking him to join duty after explaining his long absence. If he still does not respond. Then issue a show cause notice and conduct a domestic enquiry by giving him full opportunity as per the rules of natural justice and fairplay. If he participates in the enquiry, well and good otherwise conduct an exparte enquiry but complete the proper procedure of bringing all the evidence on record of his long drawn absence. Then send the copies of the proceedings and findings to him. Please ensure that all the communication is properly served. Or else you may have to put a public notice. Lastly, terminate his services, so that the chapter is closed properly even for terminal beneifts.
29th July 2014 From India , Pune
When has he submitted the resignation? Have you accepted it? If it is unconditional which has to be examined first, then if resignation is accepted by you, it will take effect from the date he is relieved from duties and employer and employee relationship will stand severed. However if the process is incomplete or faulty, you need to issue a chargesheet for absenteeism and conduct an enquiry , if he does not receive the notice, send on his permanent known address also, even then if he does not receive it, then public notice is to be given to ensure fair opportunity was given to him in the enquiry. If he participates in the enquiry well and good, if not you can proceed with enquiry exparte and upon completion, issue termination letter.
18th September 2015 From India , Pune
Fundamentally when there is no appointment letter and terms and conditions of employment, how can we decide his resignation is not in order? What purpose would it serve to initiate disciplinary action, taking it to issuance of public notice etc.,? It is better to keep quiet without issuing any experience letter
25th January 2016 From India, Kakinada
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