Queries
Anonymous
Dear Seniors,

I have a situation in my office wherein an employee who joined 2 months back went on a long leave of 1 month due to his mother illness. So put his last month salary on hold because we were not sure weather he would join back or not. Now the employee has joined back and requesting for his salary which was on hold. Though we are willing to pay the salary but is there any way out though which we can be sure that after receiving the salary employee would not abscond.

Look forward to you suggestion.

Regards
Ruchi
30th November 2017 From India, Gurgaon

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
+1 Other

Dear Ruchi,

When employee availed of long leave of one month, you had distrust on resumption of his duties so you withheld his salary. However, your action does not have sanction under the provisions of Payment of Wages Act.

Now you are distrusting again because once the salary is disbursed, he might run away. But then question arises as to how long would you like to withhold salary?

Leave aside withholding salary, few companies go further and retain one month's salary with them. But then does it mean that employees do not abscond? Those who wanted to abscond, they do it anyway. They rationalise and forego their one month's salary.

Though you have written about "employee", overall your post is as if you were dealing with the office boy or his equivalent. The root cause of your problem is inability to create atmosphere of trust. This appears to be the larger issue in your company.

Thanks,

Dinesh Divekar
30th November 2017 From India, Bangalore

Anonymous
Dear Sir,

Thanks for response and kind suggestion. I take it as a feedback.
30th November 2017 From India, Gurgaon

Anonymous
most of the companies have PL's which are stored in the employee account. Or else the company will have a 15 days notice period to recover the salary that was released.

You can also initiate a recovery letter along with absconding letter and can proceed legally against the associate.
1st December 2017 From India, Hyderabad

Dear Ruchi,

Within two months of joining, normal leave rules don't permit paid leave. At the most because of genuine grounds for his absence you may consider this period as 'Leave without pay'. If you want to be generous ( I wo'nt advise as it would be bad precedent) You may consider paying this later say after six months to dispell your apprehension that he would
leave after pocketing this withheld salary.
Regards
Vinayak Nagarkar
HR-Consultant
1st December 2017 From India, Mumbai

Dear Friend,

1. Holding the salary is no solution for the issue raised by you. The employee can abscond any time after getting his salary may be this month or next month, how long you will go on holding salary for retaining the employee.

2. Find out the reason/s for such behaviour.

3. You are aware that holding the salary is illegal and immoral. if you dont pay him, how he would survive and come to office.

4. Employee has a right to continue to work or not to work, it is his discretion. You have authority to take suitable action so take it.

5. You must pay the salary.

Warm Regards

Bharat Gera
HR Consultant
9322404765
2nd December 2017 From India, Thane

Dear colleague,

I beg to differ with this view. When the employee is not on paid leave, where is the question of paying him salary? In the first place he is not entitled to it. Withholding of salary is wrongly used phrase. So ,in my view no illegality is committed and there is nothing immoral about it.

Regards

Vinayak Nagarkar

HR-Consultant
2nd December 2017 From India, Mumbai

Anonymous
Dear All,

Thanks a lot for your kind suggestion.

However, now the employee has joined back, though he was leave without pay as he didn't have leave balance in his account and we initiated rest of his salary on the day of his rejoining post having a discussion with him wherein he was willing to continue the services.

Please suggest.

Regards
Ruchi
8th December 2017 From India, Gurgaon

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