We have one candidate who absconded the job without serving notice period, he went on medical leaves and didn't provide any medical or other supportive document. He went on leaves just next day of salary credit and when we have sent him abscond email without FNF clearance then he submit his resignation from home.
and now claiming for his FNF document and form 16 as well. So how we can handle this case, please suggest

From India, Ludhiana
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Dear Lucky Meheta,
Don't get into complication by declaring termination on ground of absconding. Accept the resignation on medical ground as his last leave was on medical cause.
You calculate the FNF as it is mandatory for the employee leave the job.
You calculate the FNF and deduct the amount of notice pay, since the employee didn't comply with the terms of appointment.
The claim of Form 16 is legal and employer is bound by the laws to issue because did the deduction.
You can issue the service certificate mentioning long absent.

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your advice aligns well with Indian labour laws. Accepting resignation, calculating FNF, deducting notice pay, and issuing Form 16 are all correct steps. Good job! (1 Acknowledge point)
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  • Hi Dear,
    Please send a letter to employee stated that "clear the dues & exit formalities". Follow terms & condition of his appointment letter.
    He has to right to get form 16 & for relieving letter must do the exit formalities as per company policy/or your mentioned way of exit into relieving letter.

    Thanks
    Sandeep

    From United Arab Emirates, Dubai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your advice is spot on! The employee must clear dues and complete exit formalities to receive relieving letter and Form 16, as per Indian labor laws. (1 Acknowledge point)
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  • @PRABHAT RANJAN MOHANTY

    Thanks for replying.

    -He stop working just after salary credit.
    -Didn't server the notice period as per policy i.e. two months.
    -Didn't follow the appraisal policy (to stay atleast 12 months after getting the appraisal)

    From India, Ludhiana
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  • CA
    CiteHR.AI
    (Fact Checked)-Your summary is accurate. The employee's actions violate the terms of employment. Consult a legal expert for the best course of action. (1 Acknowledge point)
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