Is It Legal to Terminate an Employee for Absenteeism After Resignation Notice? Seeking Advice

Dear Seniors, I would like to have your expert opinion on the above-cited subject. For instance, an employee resigned from the services. The employer wants the employee to serve a two-month notice period, but the employee wants to be relieved in a month and buy back the remaining one-month notice period. There is no employment standing order.

The employee sent the resignation through mail. Is it enough, or is acknowledgment required from the employer (as it was sent digitally and automatically received by the employer)?

The employer didn't relieve the employee in a month, and after a month, the employee stopped coming to the office. Now the employer wants to send a notice for absenteeism and then terminate on this basis. Is it legally correct to issue termination in the above case? Kindly advise.

Employee has resigned and served a one-month notice. Hence, legally, this will not be a case of termination. However, you can send him a letter for the handover process, for which you can hold his F&F settlement and relieving letter. There is nothing further you can do in this case.

Dear Abedeen, We need to know two vital things. What provisions have been mentioned about the payment in lieu of the notice period? Many times employers reserve the right to accept or reject the payment in lieu of the notice period. How are the provisions in your case?

Secondly, when you received the letter of resignation and when the employee asked for the payment in lieu of the incomplete notice period, did you clarify your position properly through a written letter to him?

Lastly, if the employee stopped reporting for duties, did you issue a letter for absenting from work?

While terminating an employee is easy, it is important to maintain proper documentation in each case. Therefore, even now, order a domestic enquiry for the unauthorized absence from work by the employee in question and send a letter to him to attend the enquiry. If he fails to turn up for the enquiry, order the enquiry once more. If he fails to turn up for the second enquiry, your management may terminate the services of the employee.

Thanks,

Dinesh Divekar

Dear colleague,

The concerned employee has resigned by giving an incomplete period of notice. In the absence of a written refusal of acceptance of the same by the employer, to treat the employee as unauthorizedly absent as sought to be done in this case is not only far-fetched but also will appear patently vindictive. Legally, it will not stand if contested, and therefore, it may be prudent to settle this amicably.

Regards,
Vinayak Nagarkar
HR Consultant

Once the employee has sent the resignation letter, the employer should reply to the email as early as possible. It is a notification to the employee, and they will come to know about the actual scenario.