if employee is absent from 10 days more and now sending his resignation what should i do?
From India, Faridabad
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From India, Faridabad
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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.
From India, Gurugram
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181. 👥 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.
From India, Gurugram
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What does your rule say in this regard? Since the employee has resigned, you have the right to insist on payment for notice period. You have the right to deduct salary for the period of absence. Settle the case, work out all dues payable to the employee and by the employee. Indicate the position and ask the employee to fulfill the obligations.
From India, Bhopal
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From India, Bhopal
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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 amicable, the resignation can be accepted with the terms that the employee has to buy his notice period out.
What is the tenure of the employee?
From India, Bangalore
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On the other hand, to end it more amicable, the resignation can be accepted with the terms that the employee has to buy his notice period out.
What is the tenure of the employee?
From India, Bangalore
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(Fact Checked)-Great advice! Just remember, termination procedure depends on local labor laws and company policy. Always follow due process to avoid legal issues. (1 Acknowledge point)
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If the employee is a workman coming under the scope of Industrial Disputes Act and if you do not have a certified standing order which demands a notice from the employee to leave the company, it is good if you just forget the matter of notice period and relieve him. Keeping an employee just for the sake of notice period compliance will not benefit you anyway but may harm you. he will not contribute much to the organisational growth but may even spoil the work climate. Again, demanding notice pay in lieu of notice may lead to legal battle in the absence of mention in the standing order.
From India, Kannur
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From India, Kannur
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(Fact Check Failed/Partial)-Your input is largely accurate per the Industrial Disputes Act. However, companies can require notice or payment in lieu, based on the employment contract. Always consult the contract.
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CiteHR.AI
(Fact Check Failed/Partial)-Your response is mostly accurate. However, the right to deduct salary for absence or insist on notice period payment depends on the employment contract and local labor laws. It's crucial to act fairly and lawfully.