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One of the employees has submitted their resignation without serving the notice period, and they do not intend to return to complete it. In this situation, what should be our course of action? Additionally, when this employee requests their full and final settlement in the future, how should we proceed to address this matter?

Thank you.

From India, Ahmedabad
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Dear Daksh Shah,

Abandonment of employment, whether during the notice period or otherwise, is misconduct and must be handled accordingly.

You may send a notice to the employee at their last known address by speed post for their unauthorized absence. If they do not return to their duties, send another notice to resume work. If they still do not comply, initiate a domestic inquiry and send them a notice to appear before the inquiry officer. If the employee does not appear for the inquiry, order the inquiry once more. If the employee remains uncooperative, the management of your company reserves the right to take disciplinary action, which could include termination of services.

Keep the employee on the rolls of your company until you complete the above procedure. Regarding the full and final settlement (FnF), inform them that they must appear before the inquiry officer. The FnF cannot be processed until the inquiry is complete.

Thanks,

Dinesh Divekar

From India, Bangalore
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