How to terminate an absconding employee

Dear Sushil,

As per my understanding following are the resolutions for your questions.

(a) Are 2 warning letters sent via registered post and a duration of 9 days sufficient? some companies follow 9 days cycle and some follow 21 days cycle. what is the recommended time duration for which the company shall wait?

Ans = > You should send atleast 3 letters to that employee and 3rd letter mentioning that if he would fail to report we would terminate the services as well as there should be time of atleast 3 months to proceed.

(b) most of the employees switch off their phones after they go absconding and do not respond to letters too. What if the employee comes back after termination and claims that he had lost his phone and he never received the letters and their managers did not pick their calls.  Is the company liable to take such employees back? doesnt the onus of informing the employers rest on the employees too?

Ans=> If the employee switch off the mobile and give reason about no reply,etc you may have sent the letter by registered post. If employee doesn't accept the letter you would receive that letter back with nessesory comments by postman( not accepted, person not available,etc.). please do not open this cover, just file it in his file.

(c) should the company send the 'termination letter' to the employee address once the employee fails to report back and is separated from company rolls? Since Indian judicial system is overburdened and therefore all procedures are time consuming, does sending termination letters to absconding employees opens an arena for the employee to trouble the company by raising complaints against the company. Is sending termination letter mandatory?

Ans => you don't need to send the termination letter but it is nesessory to send the cheque of Full and final amount. if he don't accept don't open it. You may issue a show cause notice also.

This could be the procedure of termination/absconding case under the deciplinary action.

dear mr sushil,

The matter should go through its logical conclusion.  Firstly, you send a letter to the concerned employee on his local address as well as registered address, if he refuses the letter, it can be presumed to be served.  If it comes back with the remark "addressee not found" it means the letter is unserved.  Then next step would be to advertise in the local newspapers and ask the employee to report for duty immediately otherwise appropriate disciplinary action will be initiated.  To this also, if there is no response, then conduct enquiry, try to serve the enquiry notice on local and permanent address, produce these unserved notices in the enquiry and proceed exparte against the employee in the enquiry.  If he attends the enquiry ask him to participate in it.  If he wants to rejoin duties, let him resume, complete the enquiry by producing all documentary evidence and then issue copy of enquiry report to the employee in case he is traceable.  Thereafter again publish in local newspaper his dismissal letter.  In this way the process will be completed and lead to proper severance of employer and employee relation.