Employee Skipped Notice Period and Wants PF Later: What Should HR Do?

Dear Seniors, I have an employee who didn't serve the notice period and absconded from services. If the employee returns after 2 months and asks for PF, as the HR of the company, what is my role? Do we need to process the PF forms, or can we hold it since the employee moved out informally? The notice period and other details are mentioned in the offer letter, yet the employee didn't adhere to the norms and moved out. Please provide your input.

Taking due permission from my senior, I am replying to your query. The instance given by you—in that case, you can always hold back the full and final settlement, which can be recovered from the employee. However, in any instance, you cannot hold the processing of his PF withdrawal forms.

PF Payments Are Mandatory

PF payments are mandatory—you can delay the processing, but you can't deny it if you are thinking of taking revenge on the guy! However, you can always sit with him and give him a piece of your mind about the impact his sudden absence made on your organization, such as finding a quick replacement and training the new incumbent, etc.

Thanks, Sundaram & Saurav. The only benefit he has to depend on from the company is PF. Since he decided to move out, he has taken all his compensatory offs/leaves. Only a few companies conduct effective background verification, so the possibility of providing accurate feedback about him is minimal.

Finally, we can't do anything as HR of the company, can we?

Regards,
Anoop

You can hold only his relieving letter and full and final payment if dues are there. But in this smart world, people quit when they get their maximum dues clear. In such cases, one or two days' salary doesn't affect much to anyone.

But in any case, PF cannot be stopped as it is deposited in a government department. If the employer holds the PF form, then it can be attested by other gazetted officers and submitted to the PF office. You can only show your disinterest to proceed, but cannot stop it.

We need to know the reason; it may be a natural emergency for the employee's absconding. We can only hold his relieving letter to create a disturbance to his normal routine, as he acted against the company. We should always justify the situation by knowing the facts.

Regards,
Vijay Kshirsagar

Holding the PF amount of the employee is not the right option. Please don't do it. PF represents the hard-earned money of the employee.

However, if you have control over the employee's relieving letter and other documents which the company has authority over, you can issue a relieving letter stating that the employee has resigned and absconded from services.

As an HR professional in an employee-friendly nation, there are limitations on what actions you can take. Remember, as an HR, it's important to approach situations without personal or emotional biases. Please proceed in accordance with the company's policy for dealing with absconding employees.

Thanks and Regards,
Ram