Respected Team, In case of one employee took leave from last 2 month without information, how we mark date of exit and how to close his/her file in ESI & PF. Regards Vinoth
From India, Chennai
Labour Law & Hr Consultant
Executive - Hr

Dear Vinodh,
As long as the employee remains on the roll of the establishment despite the unauthorised absence, he is deemed to be in service but contribution to the statutory bodies does not arise as he was not paid. Therefore, you have to initiate formal disciplinary action against him on the charge of unauthorised absence or abandonment of service as the case be and terminate him after giving all the opportunities to him to defend the charge of misconduct.

From India, Salem
Dear Vinodh,

The name of the employee continue to remain on the roll till his termination of service.

As per your posting (i) the employee took leave from last 2 month (ii) absent without information for last two month. In this case either the employee had gone on leave but did not turn up or employee has been absenting from the service for last two month without intimation.

If had gone on leave but did not turn up then send communication to employee to resume service or other wise the establishment will take action as deem fit for the purpose. In case of absent without information, send communication that you have absconded as we have no information of leave, you are given 15 days time to resume your duty or other wise it shall be presumed that you abandoned your service at your will.

The PF and ESI is paid on wages earned by the employee, in this case the employee earned nothing but if had on leave you consider the wages for leave period.

From India, Mumbai

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