Is an Employee Absconding if They Leave Before Completing Their Notice Period in IT?

Notice Period and Absconding in the IT Industry

Considering the scenario in the IT industry, when an employee resigns through the system but, instead of the 2 months' notice period, is willing to serve only a one-month notice. The reporting manager does not accept the shortfall in the notice period and hence does not approve the resignation request.

Post one month, the employee stops reporting to work.

In this case, can the employee be considered as absconding?

If he/she is not responding to your calls or emails, then only you can consider it as absconding.

Have you established communication with the resigned employee? What is his response? Remind him about the terms of the employment contract and give him a reasonable time to respond, say, a week to 10 days. Then inform him that legal action will be taken if the employee does not respond within the set time limit.

With regards,
Madhusudan

If the reporting manager and HR have not relieved him from the services and the employee has stopped coming to the office or stopped working, then you should treat him as absconding. You can also issue him a termination letter on grounds of insubordination.

When he resigned, did you issue him a letter stating the clause for release? Send him a registered letter stating that his release would be due until he completes the formalities. In case he can't serve the notice period, offer him the option to buy it out.

Anyhow, he has left your firm. He might not respond until he needs the release documents and experience letter. He is not exactly an absconding case but one whose release is pending.

Hope that answers your question.

The employee cannot be termed as absconding if a formal resignation is given. If the employee is not completing the notice period, then a "Termination letter" can be issued.

Regards,
Prachi