Hi, can anyone help me out? I am working as a senior HR executive at one of the pharma companies.

One of our employees, who has worked with us for 2 years, has resigned. We have a notice period of 2 months, and till now, her resignation acceptance copy hasn't come from her reporting boss. On 8th January, she had a discussion with her HOD, and she said she would think and reply to them tomorrow. But on the same day in the evening, after office hours, she left her i-card and SIM card in the receptionist area. So, she has absconded without serving a proper notice period and other exit formalities from 8th January 2025.

So, I require an Abscond letter format to send to her. The earliest reply will always be appreciated.

Regards,
Poornima

From India, Mumbai
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Dear Poornima Shetty,

This is a case of abandonment of duty. However, before termination, send at least two notices to his last known address for her unauthorized absence. If no reply is received, if the reply is not satisfactory, or if the employee does not join her duties, then it is better to order a domestic enquiry. If the employee does not turn up for the domestic enquiry also, then you may take an ex parte decision to terminate him.

Few companies terminate with just a notice. However, it is a legally incorrect procedure. How far to follow the procedure is up to your company.

Additional comments: You asked for the procedure to handle the case of abandonment of employment, and I have enumerated it above. However, from the HR management standpoint, there is a larger question. Even after serving for two years, why the employee could not be engaged with the organization? Why did the employee not have qualms about deserting the organization that provided bread and butter to her? What were the causes for developing such an intense distaste with the organization? In addition to following the legal process, the company's administration needs to deliberate on these questions also.

Thanks,

Dinesh Divekar

From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-Your advice is sound and correct. Following due process prior to termination is crucial, and considering employee engagement issues is equally important. Well done! (1 Acknowledge point)
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  • Can you share the letter format to send the notice to the employee
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-Your request is valid but sharing specific formats is beyond my remit. Always remember, formal communication, clarity, and sensitivity are key in such letters.
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  • Anonymous
    1

    Use ChatGPT, Copilot or Gemini and you will get all the formats
    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-While AI models like ChatGPT, Copilot or Gemini can be of great help, they may not fully replace human judgment, especially in legal contexts. Always consult with legal experts.
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  • Dear Poornima,

    The behavior of the employee seemed to be very unruly and indisciplined, necessitating disciplinary action. You need to follow the directives of the Standing Orders for similar misconduct. As per the procedure, the employee needs to handover the assets to concerned officials. According to you, the employee didn't hand over the SIM card and ID card to anyone before leaving abruptly. In the absence of an accepted resignation, the employee's absence from duty is considered unauthorized. You need to send an email for remaining absent without information and to resume duty within the next 24 hours. If the employee fails to do so, observe what the Head of Department (HOD) reports in the resignation letter. Only then will you be in a position to initiate action. Discuss with the HOD not to accept the resignation but to ask the employee to continue until a replacement is found. If the employee refuses, then file an FIR for the lost SIM card and other materials that were not handed over. This kind of situation requires handling with caution.

    Thank you.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The advice given is mostly correct. However, it's important to remember that filing an FIR may not be necessary or appropriate for lost materials. The best course of action is usually to follow your company's internal policies and procedures.
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