No resign letter sent till date

Law Querier (Querist) 01 May 2012 This query is : Resolved
A person had joined pharmaceutical company as a Area Sales manager in Dec.2009. He took leave for his marriage for some days in Feb.2011.but, because of some conditions he had to take more leaves. But, his manager had denied to grant more leave orally, not on paper and he forced to employee to resign. now, the employee had not given resign letter to company but had not worked since Feb.2011 till date.The employee had no received any notice nor termination letter from the company till date. The person is still employee of that company? Is it company's duty to send notice if employee remain absent for long days? The company has right to appoint new employee in place of him? What should the employee legally do against the company?

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ajay sethi (Expert) 01 May 2012
if employer forced employee to resign in 2011 how is it that no resignation letter was given ?

let the company send him notice of termination that he has not rejoined duty after leave for more than 15 months . inform him that as he has failed to rejoin his services are terminated

employer cnanot wait indefinitely for employee to rejoin

H. S. Thukral (Expert) 01 May 2012
simply terminate his services as per termination clause in the appointment. Don't mention any thing more in the termination letter.