Termination after resignation

Querist : Anonymous (Querist) 15 March 2011 This query is : Resolved
What should be the employers stand in case employee resigns and give limited days of notice period. Eg - if employee is required to serve 3 months employee serves only 5 days (without approval from manager). Employee on the 6th day stops coming to office. Can employer in case raise an absconding process and terminate employee.Also as per Law it is important to do Full & Final for exiting employee. Can we hold the releivng letter and only issue termination letter. Need your guidance - ITES / IT industry.

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H. S. Thukral (Expert) 15 March 2011
You can terminate but since termination is based upon misconduct, you have to see if your standing orders have provided that. You still have to hold an inquiry.

Querist : Anonymous (Querist) 15 March 2011
As employee has left we cannot hold inquiry.

H. S. Thukral (Expert) 15 March 2011
He is still your employee. You issue a charge sheet alleging absent from duty without sanction of leave. Institute an inquiry, inform him,and give full opportunity to defend, if he does not attend proceed ex-parte and take action on the inquiry report.

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