Dear All,

I am working as an HR Manager at professional services firms in F&A domain.

One of our employee (Mr. ABC) working in a responsible position in the IT department did not report to work for 3 consecutive working days & was on unauthorized leave. He was not available on his contact number either. Later we asked one of our employees who stay near his house to pay a visit & see if all is fine at the employee’s end. This employee who visited his house informed us that Mr. ABC is not well.

The next day Mr. ABC gave us a call & informed that he was not able to come to work as he was not well & said that he would report to duty next day. He came to work next day but again took a half day & went home. He has not come to office after that & has neither informed anyone at company. We tried calling him but his cell is switched off.

We later through a trusted source got to know that Mr. ABC is not going to join back & is planning to abscond as he has some problems in his personal life. But he has not informed us yet about this decision.

We are now in a fix because as Mr. ABC holds a very responsible position in the IT department & his absence from work is affecting the work. We would like to have replacement for him.

But I do understand that before we do this I need to have a voluntary resignation form Mr. ABC or we need to terminate his service. Can you please let me know from a legal perspective what should be the time interval between issuing a warning letter through a Registered AD/Under Certificate Posting to him & issuing a service termination letter?

I would like to have your suggestions with regards to a situation above.


Regards,
Yash