My Demi Chef was sent to another property in another state to assist as the other property was short of staff. He was sent on 22nd January - 17th February 2010 but he came back without informing the management on 7th February. He later came on 13th February to apply for immediate leave which management did not approve. There was no news from him until 18th February when he submitted his resignation letter dated 11th February. He has worked with the company since February 2008 and is a confirmed staff. He did not come to see HR nor complete any clearance, nor did he return the company's uniforms and safety boots.

My question is, must the company pay him his salary and the balance of leave as he was terminated due to absenteeism?

From Malaysia, Nilai
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Mahr
482

Dear rohayah17,

The consideration should be given on account to those employees who resign or are terminated, not for those who abscond from their job. As you mentioned, he never received the clearance letter from the company. You can issue a show cause notice to the employee's permanent address and wait for a reply for another 10 days. In that letter, you can mention that the pending salary payment is due to the company's property left with the employee.

Since the clearance letter has not been given to the employee, you are not supposed to provide him with an experience letter or a relieving letter. Send three show cause notices via registered post with a gap of 10 days, and state in the letter that you require acknowledgment from the employee within 10 days of receiving the letter.

Kind regards,

[Your Name]

From India, Bangalore
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