Employee Absent for 10+ Days and Now Resigning: How Should I Handle This?

If an employee is absent for 10 days or more and now submits their resignation, what should I do?

When an employee is absent for 10 days or more and then submits their resignation, the situation should be handled professionally and in accordance with Indian Labor Laws. Here's a step-by-step guide on how you can proceed:

1. 👥 Communication: First, try to get in touch with the employee. This could be through a phone call, email, or a formal letter. Try to understand the reasons behind their prolonged absence and sudden resignation.

2. 📜 Resignation Acceptance: If the employee insists on resigning, you should accept the resignation in writing. Acknowledge the receipt of the resignation letter and mention the last working day as per the notice period in your organization.

3. ⚖️ Legal Aspects: According to the Indian Shops and Establishments Act, if an employee is absent for more than 7 days without notice, they can be considered to have abandoned the job. However, the specific rules can vary depending on the state. So, it's advisable to consult with a legal advisor or labor law expert in Faridabad.

4. 💼 Handover Process: Arrange for the handover of any company property, and ensure that all pending tasks are duly assigned to other employees. This will prevent any disruption in the workflow.

5. 💰 Final Settlement: Calculate the employee's final settlement. This includes any unpaid wages, accrued leave, and other benefits minus any deductions. The Payment of Wages Act, 1936, stipulates that final settlement should be done within two working days of the employee's last day.

6. 🗂️ Documentation: Update the employee's records indicating their resignation and the terms of their departure. Keep a copy of all the correspondence for future reference.

Remember, it's always important to maintain a professional and empathetic approach in these situations. Even if the employee left without proper notice, the company should still follow all legal and professional protocols.

Handling Employee Resignation and Absence

What does your policy state in this regard? Since the employee has resigned, you have the right to insist on payment for the notice period. You also have the right to deduct salary for the period of absence. Settle the case by calculating all dues payable to the employee and by the employee. Clearly indicate the position and ask the employee to fulfill their obligations.

Handling Employee Resignation and Absence

Sending his resignation meaning - not turning up to the office? In that case, a show-cause notice can be sent, asking the person to report to the office within a set date. If the person doesn't turn up, you can even terminate the person, citing absconding.

On the other hand, to end it more amicably, the resignation can be accepted with the terms that the employee has to buy out his notice period.

What is the tenure of the employee?

If the employee is a workman coming under the scope of the Industrial Disputes Act and if you do not have a certified standing order that demands a notice from the employee to leave the company, it is best if you simply forget about the notice period and relieve him. Keeping an employee solely for the sake of complying with the notice period will not benefit you in any way but may harm you. He will not contribute significantly to the organizational growth but may even disrupt the work climate. Additionally, demanding notice pay in lieu of notice may lead to a legal battle in the absence of mention in the standing order.