How to Handle Full and Final Settlement After Termination for Uninformed Absence?

Procedure for Full and Final Settlement After Termination

If a company terminates an employee due to their absence without prior information to the company, what would be the procedure for the full and final settlement of this employee? Will the company give them the basic pay as per the notice period mentioned in their appointment letter or not?

How to Email HR Regarding FNF Settlement

How can I email HR regarding my FNF settlement?

Procedure for Full and Final Settlement After Termination

Presuming that you have already been terminated from service for unauthorized absence, you can now send an email seeking your FNF (Full and Final) settlement. Many organizations are known to deduct the notice period salary in cases of presumed voluntary abandonment. At any rate, you can seek unpaid salary, leave salary if any, full bonus for 2021-2022, and proportionate bonus for this year, as well as any unpaid incentives or allowances/reimbursements. Wait for the response from the company.

Dear Kamal,

It's not clear from your post whether the termination for unauthorized absence was based on a simple termination clause for unauthorized absence beyond a specified number of days, as contained in the appointment orders or service regulations, or after following a full-fledged disciplinary proceeding.

Termination Scenarios

If it was the first scenario, the termination is considered retrenchment in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947. Therefore, in the case of a mutual settlement, your full and final settlement should include one month's notice pay (gross) and retrenchment compensation at 15 days' last drawn average pay for every year of completed service on the date of termination, along with gratuity, in addition to the items mentioned by Mr. KK(!) HR.

If it was the second case, you are entitled to all other benefits except notice pay and retrenchment compensation if you accept the orders of dismissal.

Salary Calculation for Notice Pay

Regarding the salary for the calculation of notice pay, etc., I would say that the salary does not only mean the basic salary as a component fixed by you, but the total/gross salary as per the contract of employment without considering reimbursements and incentives. All fixed allowances that are considered for deduction when an employee takes leave without pay should be considered for the calculation of notice pay and other terminal benefits.

Employee Absence and Leave Application

My humble view: If an employee has not applied for leave prior to the commencement of their absence, then none of their claims are justified. It is a simple and normal expected behavior for an employee to inform their employer of their inability to attend work as per schedule. If they are indisposed or if someone has had an accident or other medical emergency, they must inform about the condition that caused their absence.

In the present e-world, communication is fast and free. Therefore, an employee who did not apply for leave for more than 10 consecutive days deserves a punishment. Of course, they must follow the rules of the land and adhere to inquiry procedures. In haste and in an arbitrary manner, some employers or their authorities simply terminate employees, which is not correct.

Procedure for Full and Final Settlement After Termination

If a company terminates an employee because of their absence without prior information to the company, what would be the procedure for the full and final settlement of this employee? Will the company provide basic pay as per the notice period mentioned in the appointment letter or not?

How to Email HR for FNF Settlement

How can I email HR regarding my FNF settlement?

Notice Pay for Leave Without Pay

When an employee has been on leave without pay, the question of giving them notice pay does not arise. So, how can the employee demand to be paid notice pay for their absence without intimation? The company will send a few notices and then terminate the employee, stating that they are no longer interested in the job and have abandoned employment.