Employee Leaving Shortly After Joining: Salary Withholding Inquiry
Can anyone suggest what to do in this situation? If an employee leaves for personal reasons just 15 days after joining, citing family problems, is it possible to hold his salary?
In the appointment letter, it is clearly stated that if he doesn't serve his notice period, he has to pay two months' salary. "You will be required to give two months' notice of resignation to the company and provide a seamless transition to another designated company personnel or pay the company two months' all-inclusive salary in lieu of the notice, along with all the expenses for training and other employee benefits you have received since joining the company."
Note: He has not submitted his signed appointment copy back. Are there any laws related to this? Kindly advise.
From India, Chennai
Acknowledge(1)
Amend(0)
1Can anyone suggest what to do in this situation? If an employee leaves for personal reasons just 15 days after joining, citing family problems, is it possible to hold his salary?
In the appointment letter, it is clearly stated that if he doesn't serve his notice period, he has to pay two months' salary. "You will be required to give two months' notice of resignation to the company and provide a seamless transition to another designated company personnel or pay the company two months' all-inclusive salary in lieu of the notice, along with all the expenses for training and other employee benefits you have received since joining the company."
Note: He has not submitted his signed appointment copy back. Are there any laws related to this? Kindly advise.
From India, Chennai
Acknowledge(1)Amend(0)
Pl withhold his salary and any special payment, also writing to him to serve the remaining notice period failing which the dues payable to him shall be forfeited to that extent.
From India, Mumbai
Acknowledge(1)Amend(0)
From India, Mumbai
Acknowledge(1)Amend(0)
If in case of abscond, he is not ready to serve any period of notice, how can we handle it legally.
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
Understanding Employee Abandonment and Termination
Please be very clear that mere absence for the specified number of days cannot automatically lead to the presumption of abandonment by the employee. You will have to issue a notice of unauthorized absence and threaten action under the abandonment clause before you actually terminate the service.
Handling Dues and Notice Period in Termination
In your termination letter, it is better to specifically mention that as the employee has failed to serve the notice period, the dues payable to him shall be forfeited to that extent. In cases of abandonment, the notice period is not served by the employees, and hence adjustment of the notice period from dues like remaining salary, bonus, incentive payment, salary revision arrears, leave salary, etc., could be attempted.
From India, Mumbai
Acknowledge(1)
Amend(0)
Please be very clear that mere absence for the specified number of days cannot automatically lead to the presumption of abandonment by the employee. You will have to issue a notice of unauthorized absence and threaten action under the abandonment clause before you actually terminate the service.
Handling Dues and Notice Period in Termination
In your termination letter, it is better to specifically mention that as the employee has failed to serve the notice period, the dues payable to him shall be forfeited to that extent. In cases of abandonment, the notice period is not served by the employees, and hence adjustment of the notice period from dues like remaining salary, bonus, incentive payment, salary revision arrears, leave salary, etc., could be attempted.
From India, Mumbai
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice of Employee Change.doc