How Should We Handle an Employee Who Resigned but Left Mid-Notice Period?

Concern About Employee Status During Notice Period

The case is as follows for the Sales Workforce field employee: If an employee submitted his resignation on 1st October and has to serve a notice period of 30 days, which will end on 30th October. However, during NOC clearance, he is unable to resolve issues related to business partners. Consequently, he left the organization on the 17th instead of completing his notice period until 30th October. There has been no communication from him even after attempts from the organization.

Can we treat this case as absconding? (Even though the person had already sent a resignation email but left during the notice period)

After 1 year, he contacted us regarding clearing his full and final settlement. Should we initiate the same process of NOC clearance, assets submission, or recovery for everything? Or should we close his case after some time due to non-communication/non-tracing of the employee?

Regards,
Manish Gupta

He left on the 17th, and you were unable to contact him. On which date did he notify his resignation? Before you mark him as absconding, you need to check whether he was admitted to the hospital, on long-term sickness where he was seriously unable to contact you. In this case, it cannot be treated as absconding unless he started working elsewhere. Now he has made an effort to contact you, and as Mr. Nathrao said, you need to work out what needs to be returned to your company and pay what's due to him.

Hello Manish Gupta,

Are you referring to something that happened in 2014 or earlier [17 Oct 2015 is still far away]? Like Nathrao mentioned, it's an 'absconding case', for all practical purposes. Could you please clarify this line "Or close his case after some time span due to non-communication/non-tracing of the employee???". It's a bit confusing. How can you take the stand of 'non-communication/non-tracing' now when he has asked for the F&F?

Regards,
TS

Dear Manish, Your query is not clear, whether it is a real case or a hypothetical case and asking just for knowledge's sake. If it is a real case, it does not give a clear indication of whether the case relates to the current month of October 2015 or any past year, more so when you said, "HAS to serve his notice," "WILL end on 30th Oct," which is yet to happen, "NOW during NOC clearance," "NOW he left the organization on 17th" (the date which is yet to happen), "AFTER 1 YEAR (an event of the past) he sent us communication," etc. In other words, you have mixed up the present and the past together, making the picture quite hazy.

If it is a past event of one year back, the question arises, have you been dealing with the case informally and did not close his case by taking any final action, i.e., issuing any notice, taking disciplinary action, or completing his f&f formalities in time, if no action was desirable? Any reason for not formalizing his exit from the organization and keeping the matter in a dormant state?

Better clear the position if you want appropriate advice on the issue.