Absconding Rule in HR - What is the exit formalities for an absconder? - CiteHR
Saswatabanerjee
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I have few queries regarding employees absconding process.
1.What is the exit formalities for an absconder?
2.How many days (absent from work ) after we can consider him/her an absconder?
3.If after a long time he/she claims Full & Final Settlement,what will be the scenarios?
4.Can employer bound to sign in his/her PF withdrawal form ?
5.What about ESI , Bonous & Gratuity payment in case of an absconder ?
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Dear Susanta,
Please find below
1.What is the exit formalities for an absconder?
No exit formalities need be done for the absconding employee. Exit formalities can be done only to employees who have followed the procedure.
2.How many days (absent from work ) after we can consider him/her an absconder?
It depends on the company policy, but ideally if a person is not present without intimation for three days at least can consider as absent,if it continues to more than six days you can deem it as absconding.
3.If after a long time he/she claims Full & Final Settlement,what will be the scenarios?
If the employee comes back for full claim, it need not be considered.
4.Can employer bound to sign in his/her PF withdrawal form ?
Employer is bound to sign the PF withdrawal form even for absconding employees.
5.What about ESI , Bonous & Gratuity payment in case of an absconder ?
Bonus,Gratuity needs to be paid as per eligibility to such employee,ESI benefit continues till next contributory period.
Two corrections to the above.
In PF now the withdrawal happens without signature of employer. So that is hardly a matter today
You do not have to pay ESIC for the employee when he absconds (except to the extent of his salary paid in the previous month)
Bonus you are liable to pay but you can ask the employee to first settle his or her notice pay (he needs to pay the company notice period pay equivalent to 30 day or more depending on your standing orders). So in most cases the absconded won’t bother
Is 'absconder' the right term? Perhaps, it is high time the HR professionals coined out a more nuanced expression.
I would suggest to issue show cause notice asap for unauthorized absence taken and wait for reply. If the employee does not respond within three working days, second letter should be sent to his residential address. (if employee wishes to resume duty after a month or claims his f&f settlement atleast your company can take it up legally).
Even an absconding employee can claim pf, however, he is not liable to claim his settlement until he responds to the letters issued against him and exit formalities are required to be processed for those employee who have approved their resignation and served necessary notice period.
Thanks and Regards,
Akash Sharma
if we abscond one bank, after a week shall we join any other bank,it comes any problems?
Dear P.Sushanta,
Question wise answers to your post are as under:
1.What is the exit formalities for an absconder?
Our senior learned member Shri Umakanthan answered to your question rightly in below given post.
https://www.citehr.com/337872-legal-...our-leave.html
2.How many days (absent from work ) after we can consider him/her an absconder?
Prolonged absenteeism beyond 10 days without intimation and not responding to your letters.
3.If after a long time he/she claims Full & Final Settlement,what will be the scenarios?
On termination of services after following the process as stated by Shri Umakanthan, you need to keep ready the legal dues of the employee for payment. If he doesn't collect within 3 years, you need to transfer this amount to State Labour Welfare Fund, if any.
4.Can employer bound to sign in his/her PF withdrawal form ?
Employer is bound to sign the PF withdrawal forms when any employee approach for same after 2 months waiting period on his relieving from services.
5.What about ESI , Bonous & Gratuity payment in case of an absconder ?
You need to settle bonus & gratuity dues if any, by adding it in full & final dues. ESI, there is no payment due.
It seems, without subject study you asked above questions on the forum.
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