Absentee Employees: Do We Owe Them Last Month's Salary? Seeking Legal Guidance

Dear friends, please help me out of this situation.

In my company, there are a few people who have been absent for the last 20 days without leave. I have sent a warning letter to them and asked them to rejoin immediately, but no one has responded. Now, I have to send termination notices to all of them.

I want to know whether the company should pay them their salary for the last month (they have not been coming after completing 15 days of the last month). Please guide me on whether the company is liable to pay as per the law or not. What does the law say about this matter?

Thank you.
Rajendra Sharma

First of all, you have to send an absenteeism warning letter. If there is no reply from the individuals, then you have to send a reminder letter. If there is still no response from the individuals, then you have to send a termination letter, which also serves as the last chance for the individual to prove themselves.

Please note that there should be a minimum difference of 14 days between sending each letter. Additionally, you should mark the individual as absent in the register until the termination date. This means you are not liable to pay for those days.

Dear,

The termination which you have sent to them is illegal. You cannot terminate someone's services without giving them the opportunity to explain. The principle of natural justice has to be followed. Even if someone is absent for 6 months, they should still be issued a charge sheet and undergo a proper domestic enquiry with the principle of natural justice before their services can be terminated.

You have to pay their salary for the days they have worked.

Thank you.

J. S. Malik

Dear Sharma,

Have they informed their reporting authority or not? If not, every organization has standing orders (Industrial Employment Act 1965). Standing orders address issues such as absenteeism, grievance handling, termination, leave procedure, workmen, trainees, employees, and timings. Based on the standing orders, you must adhere to the guidelines; otherwise, follow your company's policy. If you issue a warning letter, there should be a minimum gap of 14 days between another warning or termination letter. You are not allowed to withhold any salary payments.

Sreehari

Dear Sir/Madam,

I would like to inquire about the P.F related Form-12 along with all the accounts such as A/C-10, A/C-2, A/C-22, and A/C-21.

With Regards,
Sujit

Hi Shri,

Could you please share the law that specifies a 14-day time period for terminating employees? I have observed that this period is not fixed and ranges from 8 days to 21 days in most companies.

There is no need to make more payment to them than the days they have worked for. You have to pay only for the days they actually worked for. However, the termination should be as per the principles of natural justice as already mentioned by Mr. Malik.

Regards,
Sivadasan

Dear Rajendra,

Termination of an employee depends on whether the employee is confirmed or still in the probation period. I guess you are working with a retail organization. As per the Shop and Establishment Act 1948 (for Bombay), if the employee is in absconding, you can terminate him/her with immediate effect after sending reminders (if the employee is on probation period) if the employee gets back to you.

Salary is adjusted in F&F in the case of absconding, as we have to collect ID, uniform, etc., from the employee.

Regards,
Veena

Dear Mr. V. Sounder Rajan and Friends,

Kindly help me out in this situation.

I have a basic query and seek guidance from you. One of my friends has resigned from a telecom company with "Immediate Effect" by giving official intimation via email to all concerned parties - Reporting Manager, HOD, and through a personal meeting. My friend was a confirmed employee of that organization. However, after the Full & Final Proceedings, the telecom employer's HR is unwilling to provide him with his Relieving Letter, citing different reasons each time in follow-up emails:
a. Abandonment of employment
b. Improper Handover
c. The HR is now even stating coldly that he will never receive the Relieving Letter, accusing him of absconding.

All these reasons have been disproven by concrete evidence provided by my friend to the HR. My friend has given all clarifications and proof of resignation to HR via email. Additionally, the Notice Pay has already been deducted from the Full & Final amount.

Can you please suggest how he can obtain his Relieving Letter from the HR? His current employer has been demanding the Relieving Letter for the past three months.

Thank you,

Pradnya

Dear Pradnya Kasture,

Notice Pay deduction from the final settlement of accounts does not mean that your friend has followed the proper procedure of exit formalities. He has only mailed the information. There is no mention about the acceptance of resignation nor about handing over responsibilities and other company properties. The immediate effect can be decided only by the employer and not by the employee. The employee can only request. Hence, only the deduction of notice pay will not justify your friend's action. This is my opinion. The merit of the case cannot be decided unless the above things are known.

Regards,
Vasan