Is It Mandatory to Pay Leave Salary After Immediate Termination for Misconduct?

Hello Seniors,

Recently, we had to remove one of our staff on an immediate basis due to misbehavior with the seniors, refusal to follow senior's orders, and attempting to seek another job without informing us. When questioned, the staff initially denied these actions but later expressed a desire to resign. As a result, management made the difficult decision to let the staff go.

Now, the former staff member is requesting payment for leave salary, but the management is reluctant to provide this compensation. Is it mandatory to pay the leave salary?

Please send your reply to [Login to view].

Regards,
Madhura

Dear Madhura,

Still, we think about the system of bounded labor and talk about professionalism. You have terminated him, or he has resigned; that is a separate issue. But if someone goes for an interview without informing, is it his fundamental right? You cannot force anyone that he should not go for any interview without your knowledge. The decision taken at your end does not seem to be justified.

Now, coming to your point, you have to pay leave encashment of his balance leave at the time of full and final settlement. It is his legal dues. So, why does management not want to pay his legal dues? If you refuse to pay, he can take you to court as well.

I suggest you pay his dues and forget what has happened.

Thanks,
J. S. Malik