Industrial Relations
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Krishan Kapoor
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Dear Seniors,
If the HR know through a trustworthy source as an employee going to abscond after getting his salary, Can we hold his salary asking him/her to serve notice period to get the salary ? Knowingly if we release the salary then whats the power of HR here ?

From India, Madras
Dear Anoop
Have you received any written proof about the employee's proposed absconding?
If so, please present the same to your top level boss preferably in director level, then you can drag his payment, by telling that there is some problem in software or in leave of last year, which is under scrutiny. On clearance of the same your payment will be released.
Please do inform the substantial fact to your immediate boss without any delay.

From India, Kumbakonam
Dear Bhaskar,
Thanks for your feedback, However how long can we do this ? The employee says he has some personal problem (Which is not true) and not coming to office. So no possibility for us to train a new hire to replace his position. Since its crucial our management allowed me to take my own call. The employee has joined recently even there is nothing to hold in F&F.

From India, Madras

Why not simply call him and REMIND him that you have reasons to draw his attention to the terms and conditions of employment especially as regards to Notice Period. Don't get dragged into further discussion. This is a transparent approach yet tactful!

If after this should the employee leave in defiance to terms and conditions of employment and the Notice Period, you have a right (I suppose) in the contract of employment to not pay him the Notice Period, adjust balance PL etc. You in any case withhold/indefinitely delay his clearance formalities and on that count hold F & F on all counts. This is the way the "administration" component of HR job must act. Now it is for him to proceed against the company for recovering his dues.

Further, you can make the relieving letter, if at all you make it in this case appropriately and give a negative feedback to his potential employers, for what it will be worth.

Kindly do NOT be a captive of a mistaken notion that HR cannot/shouldnot act tought or meet fire with fire! HR also has a backbone. If HR plays fair and receives an unfair response then HR taking extreme steps is fully justified. Never forget that you are working for an ECONOMIC organization and NOT in a charitable organization (where you may, albeit wrongly, choose to be lenient at the costs of the funding agencies!)

Be fair, act rationally, don't ever initiate recourse to dishonest means and approaches!


Good Luck.



August 11, 2011


From India, Pune
Please try to find out the reason for absence and do not conclude by mere facts.
If he really stands on the negative side of it...withhold the you know money pinches.. one thing is for sure...everything reciprocates...the way he wants to leave the company may not happen just like that..he has to transfer his knowledge and make a smooth exit...Not today he requires the companies feedback ..sooner or later he will approach you for its good you call him up and inform him of the consequences...
Have nice time...

From India, Visakhapatnam
Hello Anoop,
I am not sure Bhaskar's suggestion would work in this case, for the simple reason that all this guy needs to do is to checkout with his friends [he does have them within your company since he seems to have shared about his plans] & realize that you aren't telling him the facts. And in the process, you aren't handling the main issue @ hand.

The best way would be to confront him--straight & F2F [NOT over the phone]--as Samvedan suggested. However, I wouldn't suggest you to focus on the Notice Period rules. Rather focus to confront him about what you heard about his plans. Obviously, he will deny it. Then switchover to his continued absence & the reasons--again he will most likely stick to his 'personal problem' angle. Pin him down saying that you have info that his personal problem isn't true & if he wants the Company to take his word, then he needs to substantiate with concrete evidence. Else, the company is free to take it in the way it deems fit.
And in case, he refuses to come for a F2F, give him an ultimatum that your boss [or whoever is a very senior official] wants to meet him.

I hope you got what I am driving to--you will be creating the ground for disciplinary action--if you decide to move in that direction--and keep the salary aspect totally OUT-OF-FOCUS AND DISCUSSION. You would, thus, also have handled the issue of whether to pay his salary or not, without even broaching the topic--until you are satisfied with his responses.

All the Best.

From India, Hyderabad
Merely knowing through a "trustworthy" source that an employee would leave the organization after receiving his salary is not reason enough to withold his salary. That would be a very poor decision to make.

Please understand that if the employee has made up his mind to leave the Company, he will do so anyway. There may some compelling set of reasons for his decision to do so. Try to find out these resaons and maybe you will find a solution to address this issue.

The best way to handle this would be to have a face to face chat with him.

In the meanwhile please release his salary without any further delay, if it has not been done so.

Best Wishes,

Vasant Nair

From India, Mumbai
Dear Anoop,
This is a common practice in present days. You may have a discussion with him and see whether he is unsatisfied or planning to leave. Then analyze the root cause and do the necessary action to retain your workforces which save your costs and time.
Holding salary, serving notice period and delay in F&F are the last weapon in the hand of HR. If you can motivate employees and reduce attrition, this will be greater achievements for you.
I hope this may help you.

From India, Bhubaneswar
I am agreed with Mr Nair. Always KEEP one thing in MIND that we are HR people & working for organisation but never ignore HUMANITY. Salary is bread & butter.
Only words are not enough for Trust. Do you have any proof & you are just PREDICTING. Your PREDICTION may harm his career & personal life too.
Please handle it with utmost care & sensitivity. For me holding salary is not a correct way.

From India, Kolhapur
Dear Anoop,
I am agree with Mr. Vasant Nair & other members. Please talk to the employee face to face & try to find out the reason for his decision. Make him understand that his approach is wrong & unprofessional ,which can harm his future employment also as many of the companies are doing past employment reference check. If he really wants to leave the organization he should serve notice period as per appt. letter.
Roopa Mehra

From India, Gurgaon

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