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swatisri@123
12

Hi All, Kindly suggest me query.
There is one ex- employee(permanent), who has resigned and declared his last working day by himself in his resignation letter.
But we have 3 months notice period, which he didn't serve.
We have sent him mail also regarding completing his exit formalities and serving his notice period.
I have sent him reminder mail also but didn't any response.
How we should proceed in this case?
Kindly guide.

From India, Delhi
Dinesh Divekar
7879

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. Write clearly that his resignation has not been accepted and his absence is unauthorised from ______ (date). If the employee fails to report for the duties then send him one more official letter. If the employee still absconds, then order a domestic enquiry. If the employee fails to depose before the enquiry, then order the enquiry once more. If the employee still fails to depose, then the management is free to award a suitable punishment which could be termination from employment.

In the meanwhile, 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 for his PF contribution from his next company.

If you wish to pay the employee in the same coin, 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
vmlakshminarayanan
941

Hi,

One of your employee absconded without any information and later sent resignation letter without serving notice period of 3 months. Now how to proceed ?

Hope the above is your question.

Please send a warning letter through RPAD advising him to report to office. Mention that his resignation letter through 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.

Give him some time frame to report back say 15-20 days. Mention in the warning letter if he fails to report to office on or before____ his services will be terminated without any further information and his full and final settlement will be forfeited towards shortfall in notice period.

Meanwhile if you were able to reach him through mobile talk to him and explain him that absconding is not a good practice. Explain him that incase of any future BGV by his future employer you will be forced to give negative feedback only etc..

In case if he fail to report back close the file after serving termination.

From India, Madras
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