Employee had given resignation and not coming to office - left without serving the notice period - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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Hello friends, We are facing one issue with one of our employee. He put the resignation on 16th Dec 2019 and from 18th Dec2019 he left without serving the notice period. We tried to reach him but he is not picking the call and not even responding.
What action we can take for that? Please help me.

Have you issued appointment letter to that employee ?
Is there any terms and conditions of exit, leaving conditions, notice period etc.
If there is provision of notice period you can deduct 14 days as notice period. If he was present 16 days.
If there is not any such provision in appointment letter. Then you have to pay salary of 16 days to that employee.
Sanjay Tiwari
GM HR & IR
Air Control & Chemical Engineering Co. Ltd.
M: 9727704102

Every resignation becomes effective only when it is formally accepted by the employer and the resignee gets relieved on fulfillment of the stipulated notice conditions. Until such formal occasion, the employee is deemed to be in service and in case he remains incommunicado to avoid the notice conditions, he can be proceeded against the misconduct of abandonment of job subject to the rules of discipline of the organization and terminated.
Iam working in apharma company from 6years.i want to give a notice period for 15 days.my doubt is i have to work during notice period? Am i get my incentives ,expenses,salary.
Notice is a condition stipulated in the contract of employment or in the appointment orders or in the service regulations as the case be requiring both the employer and employee to comply with if either of them intends to terminate the contract of employment. At times, it can be a statutory requirement enjoined upon the employer on certain occasions like retrenchment as provided for in section 25-F or 25-N(1) (a) of the Industrial Disputes Act,1947. So far as an employee is concerned, there is no obligation to give statutory notice to the employer in the absence of such a provision in the contract of employment or in the appointment orders or in the service regulations as the case be.
The question whether an employee has to serve the entire notice period is a question of law as well as a question of fact.
If the employer can unilaterally terminate the contract of employment simply by paying the notice period salary in lieu of notice, the employee can also legally buy-out the notice period at his discretion.
However, as a superior party to the contract, the employer enjoys a privilege to accept the buy-out offer or not in the interest of the exigencies of work of the establishment.

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