Dear friends,
If an employee does not provide his resignation letter or serve the notice period and leaves the company, is he eligible for the salary of the previous month? Even if the appointment letter clearly dictates no salary clause for an absconded employee.
Regards
From India, Bhubaneswar
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3If an employee does not provide his resignation letter or serve the notice period and leaves the company, is he eligible for the salary of the previous month? Even if the appointment letter clearly dictates no salary clause for an absconded employee.
Regards
From India, Bhubaneswar
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Dear Amar,
Abscondence is a breach of the contract of employment by the employee. As such, the employer has the right to initiate disciplinary action against him and terminate his employment. This is a punishment for his prolonged and indefinite absence. However, salary, being the consideration for the services already rendered by the employee, cannot be forfeited or denied. Any such clause in the appointment letter is ab initio void.
From India, Salem
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Abscondence is a breach of the contract of employment by the employee. As such, the employer has the right to initiate disciplinary action against him and terminate his employment. This is a punishment for his prolonged and indefinite absence. However, salary, being the consideration for the services already rendered by the employee, cannot be forfeited or denied. Any such clause in the appointment letter is ab initio void.
From India, Salem
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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 period 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 unauthorized absence/breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending inquiry, and finishing the same as early as possible.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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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 period 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 unauthorized absence/breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending inquiry, and finishing the same as early as possible.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Termination from Employment.pdf
Employee Salary file - India 2016 AB.xls