Hi all, Kindly suggest a query. There is one ex-employee (permanent) who has resigned and declared his last working day in his resignation letter. However, we have a 3-month notice period which he didn't serve. We have also sent him an email regarding completing his exit formalities and serving his notice period. Despite sending him a reminder email, we haven't received any response.
How should we proceed in this case?
Kindly guide.
From India, Delhi
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13How should we proceed in this case?
Kindly guide.
From India, Delhi
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Dear Swati,
If the employee has submitted a letter of resignation and is failing to report for his duties, then send him an official letter by Speed Post to report for duties immediately. Clearly state that his resignation has not been accepted and his absence is unauthorized from ______ (date). If the employee fails to report for duties, then send him one more official letter. If the employee still absconds, then order a domestic inquiry. If the employee fails to appear before the inquiry, then order the inquiry once more. If the employee still fails to appear, then the management is free to award a suitable punishment, which could be termination from employment.
In the meantime, if you wish to teach him a lesson, then do not remove him from the rolls of your company. Let him remain absent but keep him on the rolls of the company. This could create a problem for him regarding his PF contribution from his next company.
If you wish to reciprocate, then find out the employee's next company and start marking copies of the letters to his next company. Request the administration of the company to direct the employee to complete the separation process.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employee has submitted a letter of resignation and is failing to report for his duties, then send him an official letter by Speed Post to report for duties immediately. Clearly state that his resignation has not been accepted and his absence is unauthorized from ______ (date). If the employee fails to report for duties, then send him one more official letter. If the employee still absconds, then order a domestic inquiry. If the employee fails to appear before the inquiry, then order the inquiry once more. If the employee still fails to appear, then the management is free to award a suitable punishment, which could be termination from employment.
In the meantime, if you wish to teach him a lesson, then do not remove him from the rolls of your company. Let him remain absent but keep him on the rolls of the company. This could create a problem for him regarding his PF contribution from his next company.
If you wish to reciprocate, then find out the employee's next company and start marking copies of the letters to his next company. Request the administration of the company to direct the employee to complete the separation process.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi, One of your employees absconded without any information and later sent a resignation letter without serving the notice period of 3 months. Now, how to proceed? Hope the above is your question.
Sending a Warning Letter
Please send a warning letter through RPAD advising him to report to the office. Mention that his resignation letter via email is not accepted and, as per the terms and conditions of his appointment order, he is supposed to serve 3 months, whereas he left without information.
Timeframe for Reporting Back
Give him a timeframe to report back, say 15-20 days. In the warning letter, mention that if he fails to report to the office on or before [insert date], his services will be terminated without any further information, and his full and final settlement will be forfeited towards the shortfall in the notice period.
Communication and Explanation
Meanwhile, if you can reach him by phone, talk to him and explain that absconding is not a good practice. Explain to him that in case of any future Background Verification (BGV) by his future employer, you will be forced to give negative feedback only, etc.
Final Steps if No Response
If he fails to report back, close the file after serving termination.
From India, Madras
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Sending a Warning Letter
Please send a warning letter through RPAD advising him to report to the office. Mention that his resignation letter via email is not accepted and, as per the terms and conditions of his appointment order, he is supposed to serve 3 months, whereas he left without information.
Timeframe for Reporting Back
Give him a timeframe to report back, say 15-20 days. In the warning letter, mention that if he fails to report to the office on or before [insert date], his services will be terminated without any further information, and his full and final settlement will be forfeited towards the shortfall in the notice period.
Communication and Explanation
Meanwhile, if you can reach him by phone, talk to him and explain that absconding is not a good practice. Explain to him that in case of any future Background Verification (BGV) by his future employer, you will be forced to give negative feedback only, etc.
Final Steps if No Response
If he fails to report back, close the file after serving termination.
From India, Madras
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How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf