18th October 2012 From India , Delhi
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
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.
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