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Minhaz Fathima
1

Dear Sir, Please let me know the procedure for resignation and termination of an employee and after how many days of absconding do we terminate them? Regards Minhaz Fathima
From India, Bengaluru
Babu Alexander
294

Resignation
In the resignation the employee submits his resignation as per the terms and conditions of employment, and get himself relived from employment.
Termination
Is a process of disciplinary procedure, and principle of natural justice ( opportunity to be heard ) has to followed before his termination. In case of long absence, it is well established that, maximum opportunity to be given. Establish a documentary evidence of sending several letter, asking him to join duty, with valid explanation, to his last known address as per official records. Even you may advertise in the local news paper asking him to report for duty, with reasonable explanation and also ask him to appear for an Domestic inquiry fixed. Conduct a domestic inquiry, and document all the letters and the news paper adv as documents. Finally send a registered letter to him saying ' as you are remaining absent more than 30 days, nor do we receive any communication from your end inspire of several notices to you, and hence your services are terminated on you own volition, with a copy on the company's notice board. You may engage the services of a private detective and collect his whereabouts. Probably he may be working in some other firm or in jail after having involved some criminal / civil cases. Then thinks would be easy to terminate his service based on this, without any inquiry. You may adapt different methods, depends on the circumstances.

From India, Madras
Minhaz Fathima
1

Can I have some more information on resignation?
In case, if an employee is absconding and later we receive the resignation letter of back dated, do we have to accept his resignation with immediate effect or with the same date as given by the employee.

From India, Bengaluru
Babu Alexander
294

One the termination is ordered, no going back on this order. Even you receive a resignation letter of back dated, reject the same as his services had already been terminated.
From India, Madras
Minhaz Fathima
1

Termination is clear.
Need to know only about resignation.
Eg. we have not issued any terminiation letter for the absconded employee, but after few days if / she sends the resignation letter of back dated, how do we consider?

From India, Bengaluru
Babu Alexander
294

No back dated resignation can be obtained. You can accept the resignation on date, and issue a letter of relieving saying that " you remind absent since ... without any information or communication. Your unauthorized absence is a serious misconduct for which your services, should have been terminated. However considering your present resignation letter, oral submission, and all extenuating circumstances, we take a lenient view, and accept your resignation letter and accordingly, you are relieved from service w.e.f,...'
This treatment, will have a deterrent effect on all employees.

From India, Madras
Babu Alexander
294

Relieving should be post dated
From India, Madras
Minhaz Fathima
1

Thank you very much for your support.
Sir I have one more doubt, an employee has resigned on 24.05.2018, but his reporting manager has not submitted his resignation to HR department, in this case how do we consider his resignation letter on date.

From India, Bengaluru
Babu Alexander
294

Is there any reason the reporting manager is holding the resignation letter? If accepted the resignation letter date is as mentioned in the letter only.
From India, Madras
Minhaz Fathima
1

Dear Sir, Please provide the ESIC procedure. Regards Minhaz Fathima
From India, Bengaluru
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