An employee is absent for full month except 3 days do I require to pay him weekly offs or any public holidays that proceed the day of absconding the job?
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Hi,
Not at all . Once the employee abscond from duty he/she will not be eligible for any benefits including salary/leave/ national /festival holidays. Please process the disciplinary proceedings and close the file after following stipulated process.
I have a small different opinion, with regard to National Holidays. For National Holidays if the employee is on the rolls. he should be paid wages.
" Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under section 3, other than the 26th January, the 15 th August [12] (“the 1 st May and the 2 nd October”) unless he has been in the service under the employer
for a total period of thirty days within a continuous period of ninety days immediately
preceding such holiday."
Mr.Babu,
Once the employee is not reporting to duty without any information he will not be eligible any leave /salary /any other benefits. All his period of absence has to be considered as loss of pay as it is unapproved and unjustified leaves.
"Absence from work" by the employee has the implication of the Employer's prerogative to withhold payment of wages or salary proportionately under the contract of employment. Besides, the contract also empowers the employer to initiate disciplinary action against the employee, if such absence is unauthorized or even uninformed. Conversely, any leave of absence formally availed becomes authorized absence and the question of wages/salary for such period is decided by the leave at credit of the concerned employee's leave account.
Coming to the scenario presented in the post, the employee has worked in the particular month for 3 days only and on all other days he was absent. The presumption here is that the absence was totally uninformed and unauthorized as well. Therefore, he is not entitled to wages/salary except for the 3 days he was present for duty in the month. In such a situation, the weekly off days and other holidays prior to as well as after the 3 days of presence to work get automatically merged with the period of absence and there cannot be any deemed sanction of weekly off and national holiday independent of the period of unauthorized absence so as to enable the absentee to claim wages/salary.
Dear friend,
Plese refer your leave policy or standing order. If both are not in place, then person is leagally eligble for NH & FH provided he/she should have attendance on day before the NH/FH and subsequent day of NH/FH.
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