amar.salunkhe
3

Dear friends, If an employee does not provide his resignation letter or serves notice period and leaves the company, is he eligible for salary of previous month?
Even if the appointment letter clearly dictates, no salary clause for absconded employee.
Regards

From India, Bhubaneswar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant

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umakanthan53
5916

Dear Amar,
Abscondence is a breach of the contract of employment by the employee and as such the employer has the right to initiate disciplinary action against him and terminate him. This is a punishment for his prolonged and indefinite absence. But, salary, being the consideration for the services already rendered by the employee cannot be forfeited or denied and any such clause in the appointment letter is ab initio void.

From India, Salem
Nagarkar Vinayak L
616

Dear colleague,
This is further to what Mr Umakanthan has stated.
As far as the payment of salary to the absconding Employee is concerned, he will be entitled to it up to the last day he worked. Nothing needs to be paid for the priod he has been absconding on the basis of "No work no pay" In fact this can be re looked at after the outcome of the disciplinary action for his unauthorised absence/ breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending enquiry and finishing the same as early as possible.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
amar.salunkhe
3

Dear experts, Thank you so much. Regards
From India, Bhubaneswar
PRABHAT RANJAN MOHANTY
530

Dear Amar,
You can hold the salary with an intimation to employee, that you are absenting from office without sanctioned leave or with any information to us and not responding to calls made to you. wait & see what employee reacts to the letter.

From India, Mumbai

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