Hi, Ex-employee joined company on 4 July'21 and after four days he suffered from covid and was on leave for whole month of July. He came back by august for one day and serve resignation of 10 days notice period. within notice period he handed over policy making responsibilities and he completed that task but he did not come over to company and handover the company asset on his last working day with excuse of not feeling well. Now he is asking for July and august salary. What action should HR take?
What exact mail should we send to him. He was appointed as Assistant manager of HR.

From India, Noida
Labour Law & Hr Consultant
Payroll & Labour Law Consultant

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It seems that the resignation was already accepted and acted upon. Therefore, the resigned employee is entitled to wages for his duty period. But it should not be officially clubbed with the return of the company's assets in his possession. Just inform him to go over to the company for receiving his salary in person and handing over the company assets in the description.
From India, Salem

Fist check your company's Full & Final policy. As you have stated he served only 10 days notice period. Most probably on probation notice period is 1 month. But please check your policy.

1. I hope his department head [ i.e HR head ] approved his resignation and waived off short notice period. Please check this proof.
2. Secondly check any commitment given to employee in written.

Employer is liable to pay if any commitment made towards any kind of Payment. And if not company is not liable to pay any compensation to employee.
If any commitment not given to employee , company can file case against employee and recover company assets.

Kiran Bhambid
Payroll & Labour Law Consultant.

From India, Mumbai
Employee came for only 4 days of July just after joining company and was on leave for one month by saying he suffered from covid and though he handover for few work like releasing offer and appointment letter and making policies. For not being present in company employer has not release his july month salary.
On August he came for one day and served resignation and from next again he was on leave again on his notice period by saying he had accident amd didn't even came for his full and final settelement process on his last working day and now he is not ready to return the laptop as his condition is he want his full month of july and Aug salary for which he said he worked from home like releasing offer and appointment letter and making company police's.
His reporting manager has also left from company.
What company should take action on it.
What exactly we should mail him now as we already had intimate him many times to come over and complete hi f/f process and handover company property.

From India, Noida

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