How to Handle Absconding Employees Legally – Step-by-Step HR Process
Introduction:
Absconding is one of the most frustrating situations for any HR professional.
An employee suddenly stops coming to work. No call. No message. No resignation email. The phone is switched off. Managers keep asking HR, “What action are we taking?” Payroll is stuck. Clients are affected. Team morale drops.
In many companies, the first reaction is anger. The second reaction is confusion.
But absconding must be handled calmly and legally. If HR follows the right process, the company stays protected. If HR skips steps, it can create legal trouble later.
This article explains in simple English how to handle absconding employees legally in India, step by step, with proper documentation.
Read: Warning Letter to Employee: Legal Procedure & HR Guide
What Is Absconding in Employment?
Absconding means an employee stops reporting to work without informing the company and remains absent for several consecutive days without approval.
It is different from resignation.
In resignation:
The employee informs the company.
Notice period rules apply.
In absconding:
The employee disappears without formal communication.
There is no notice.
The employment relationship is left hanging.
Most appointment letters clearly mention that continuous absence without information will be treated as misconduct or job abandonment. That clause becomes very important in such cases.
First Rule: Do Not Act Emotionally
When an employee suddenly stops coming to work, the first reaction from managers is usually frustration. You may hear, “Stop his salary immediately,” or “Terminate him today itself.” As HR, this is the moment you need to stay calm. Acting in anger or pressure can create bigger problems later.
Even if the employee appears clearly at fault, the company cannot skip procedure. Employment decisions must be supported by documentation. If you remove someone from payroll or terminate them without proper notice, they may later approach the labour department claiming illegal termination. At that point, emotions do not matter — records do.
Silence from the employee does not give the company automatic freedom to act casually. You still have to show that reasonable attempts were made to contact them and that fair opportunity was given. In HR, patience and process always protect you more than speed and anger.
Read: Gratuity Eligibility: Does 4.8 Years Qualify Under Indian Law?
Step 1: Verify the Absence Properly
Before you label an employee as absconding, pause and check the facts. Do not rely only on what someone tells you in a hurry. First, confirm the exact date from which the employee has been absent. Then check if any leave application was submitted through email, HRMS, or even WhatsApp. Sometimes employees send a message to their reporting manager but forget to inform HR.
Speak directly with the immediate supervisor. Ask clearly if they received any call, message, or update. Also check whether there was any medical emergency or family issue shared earlier. These small details matter.
Review the attendance records properly. Make sure there is no entry error.
Most companies wait for 3 continuous working days before starting formal action. Some wait for 5 days. Follow your company policy and act only after confirming everything clearly.
Step 2: Try Informal Contact
Before you move to formal notices, try simple communication. Many absconding cases get solved at this stage itself. Call the employee on their mobile number. If the call does not connect, send a WhatsApp message. Also send an official email asking them to respond. Keep the tone simple and direct.
Sometimes there may be genuine reasons. The employee could be hospitalized, dealing with a family emergency, or facing network problems. Do not assume misconduct immediately. Give them a fair chance to explain.
If there is still no response, you may contact the emergency contact person listed in the employee records. Ask politely if everything is okay.
Very important — keep proof of every attempt. Save call logs, emails, and messages. Even a short email saying, “You have been absent since 10th March, please respond urgently,” becomes useful later. Proper records protect HR.
Step 3: Send First Absconding Notice (Show Cause Letter)
If the employee does not respond even after your calls and emails, the next step is to send a formal notice. This is usually called an absconding notice or show cause notice for unauthorized absence. At this stage, everything must be in writing.
The letter should clearly mention the date from which the employee has been absent. Refer to the clause in the appointment letter that talks about unauthorized absence or misconduct. State clearly that the employee is absent without approval and that this is not acceptable as per company policy.
Ask the employee to report to duty immediately or send a written explanation within a fixed time. Most companies give 48 hours or up to 7 days. Also mention that if there is no response, the company may take disciplinary action.
Keep the language simple, firm, and respectful. Do not use insulting words.
Send the notice by official email and also by registered post to the employee’s home address. Keep delivery proof safely. This step is very important for legal protection.
Second Show cause Notice:
From a legal perspective, a second show cause notice should be issued if no response is received within 15 days of the first notice. This demonstrates that the employer has provided sufficient time and reasonable opportunity for the employee to respond. Issuing a follow-up notice strengthens the principle of natural justice and shows that the company did not act in haste.
If the employee remains silent even after the second notice, the employer’s decision to proceed further becomes legally stronger and more defensible.
Step 4: Wait for Response
Now wait for the deadline mentioned in the notice.
There are three possibilities:
1. Employee Responds and Returns
In this case, take written explanation. Decide whether to accept leave, issue warning, or take disciplinary action.
2. Employee Responds But Does Not Return
Evaluate explanation. If it is genuine, you may regularize leave. If it is not convincing, you may proceed with disciplinary action.
3. No Response at All
If there is complete silence, move to next step.
Never terminate immediately without giving reasonable time.
Read: Performance Improvement Plan in HR India
Step 5: Send Final Notice Before Termination
If there is still no reply after the first notice, send one final notice. This letter should clearly refer to the earlier notice and mention that no response has been received. State that this is the last opportunity for the employee to report for duty or submit an explanation within a specific time, such as 48 hours or 7 days.
Also mention clearly that if there is no response within this period, the company will treat it as abandonment of employment and proceed with termination.
Send this notice by email and registered post. Keep all records safely.
Step 6: Termination for Abandonment of Employment
If the employee still does not respond after both notices, the company can proceed with termination. The reason should be clearly mentioned as continuous unauthorized absence, abandonment of service, and violation of employment terms as per the appointment letter.
The termination letter must clearly state the dates from which the employee has remained absent. Mention the first and final notices that were sent, along with their dates. Clearly record that no response was received within the given time.
State that, due to this, the employment stands terminated from a specific effective date. Keep the language simple, neutral, and factual. Avoid emotional or harsh words.
Important Legal Points Under Indian Law
In India, employment decisions must follow fairness and basic principles of natural justice. Even if the employee has clearly remained absent, the employer must show that reasonable opportunity was given before taking action.
If the employee falls under the definition of a “workman” under the Industrial Disputes Act, you need to be more careful. In some cases, courts expect the employer to conduct a proper domestic enquiry before termination, even for long unauthorized absence. Skipping this step can create legal risk.
If your company has certified standing orders, you must strictly follow the procedure mentioned there. Do not create your own shortcut.
For managerial or supervisory employees, appointment letter terms and company policy usually govern the action.
In all situations, proper documentation is your strongest support if the matter is questioned later.
Salary and Full & Final Settlement in Absconding Cases
Many HR professionals get confused here.
Should you pay notice period?
Can you recover notice pay?
Should salary be withheld?
Generally:
Salary must be paid for days actually worked.
Leave encashment depends on company policy.
Notice recovery may apply if mentioned in appointment letter.
Never hold earned salary without legal basis.
Full and final settlement should be processed after termination. However, some companies keep it on hold until the employee collects relieving documents. That depends on internal policy.
What About Experience Letter and Relieving Letter?
This is sensitive.
Many companies refuse to issue relieving letter in absconding cases.
Legally, there is no single central law forcing private companies to issue experience letters. However, unfair withholding without reason can create disputes.
Best practice:
Mention termination reason clearly in records.
Issue service certificate if legally required under state Shops and Establishment Act.
Always check state-specific rules.
Read: Handling Fake Experience Certificates: Can HR Terminate Without Notice or Withhold Salary?
Can Company File Police Complaint?
In most cases, simple absconding is not a criminal offence. An employee not coming to work without informing is mainly an employment issue, not a police matter.
However, a police complaint can be considered if company property like a laptop, ID card, or confidential documents are not returned. It may also be necessary if there is suspicion of data theft, financial fraud, or misuse of company information.
For normal unauthorized absence, filing a criminal complaint is usually not required. Follow HR procedure first.
Common Mistakes HR Should Avoid
Many legal problems start because HR skips small but important steps. Declaring an employee “terminated” without sending proper notice is risky. Marking someone as “absconded” in records without proof can backfire later. Notices must always be sent to the correct residential address. Keep postal receipts and email delivery proof safely.
Do not stop salary blindly; calculate only for days actually worked. Never allow managers to send emotional or angry emails. And never skip documentation thinking the employee will not return. These mistakes can seriously weaken the company’s legal position.
Special Situation: Absconding During Notice Period
Sometimes an employee submits resignation but stops coming to work during the notice period. In this situation, you should immediately send a written notice asking the employee to report back and complete the remaining notice period. Clearly mention that if the notice period is not served, notice pay recovery will apply as per the appointment letter terms.
While processing full and final settlement, adjust dues accordingly. Make sure every communication is documented properly. Clear records protect the company later if any dispute arises.
Handling Absconding in Senior Positions
When a senior employee absconds, the risk is higher because they usually handle sensitive data and key responsibilities. Immediate action is necessary. Disable their system access without delay. Change official passwords and restrict access to shared drives, emails, and confidential files. Inform the IT team to secure company information properly.
If required, send a formal legal notice. In such cases, data protection should be your first priority to avoid misuse or leakage.
Prevention Is Better Than Cure
Handling absconding properly is important, but preventing it is even more important. Clear policies reduce confusion and risk. The appointment letter should clearly define unauthorized absence, explain consequences, mention notice period rules, and include recovery clauses. When expectations are clear from day one, misunderstandings reduce.
Exit interviews can help identify patterns. Many absconding cases happen due to salary delays, toxic managers, ignored grievances, or poor onboarding. Sometimes the issue is not the employee — it is internal systems. Strong HR practices reduce sudden disappearances.
Practical Advice from HR Experience
Absconding cases are emotional. Managers feel betrayed. HR feels pressured.
But treat it as a process, not a personal issue.
Follow the steps:
Verify absence
Attempt contact
Send first notice
Send final notice
Terminate properly
Complete documentation
Absconding cases often become emotional. Managers feel let down, and HR feels pressure to act quickly. But this should never become personal. Treat it as a structured process, not a reaction. First verify the absence properly. Then try contacting the employee. If there is no response, send the first notice. If silence continues, send the final notice. After that, proceed with termination as per policy and complete all documentation carefully.
If the employee later claims illegal termination, your records should clearly show fairness and due process. Proper documentation prevents most disputes.
Final Thoughts
Absconding employees definitely create stress for the organization. Work gets disturbed, managers get upset, and HR feels pressure to act fast. But the solution is never anger. The solution is proper procedure. Indian labour laws expect fairness, even if the employee has stopped coming to work without notice.
If HR stays calm, follows appointment terms, respects standing orders, and documents every step properly, the company stays legally safe. A clear step-by-step process is not just about compliance; it protects the organization from future disputes. When documentation is strong, decisions become defendable. That is the right way to handle absconding cases.