Employee Returned After Long Absence: Should We Pay Salary and Bonus? Legal Insights Needed

The employee has gone on sanctioned leave from 06/04/2010 until 17/04/2010 and thereafter remaining in unauthorized absence since 19/04/2010. The company had sent him the notice of unauthorized leave on 25/05/2010 and further sent one on 18/06/2010, with no correspondence received from the employee up to 28/08/2010.

Now, the employee has returned and given a reason for the long leave, stating that his father has met with a serious accident, and is asking for the salary and bonus now.

Can anybody advise whether we need to pay him the dues he is asking for or not? What are the legal actions associated in terms of an employer's actions and an employee's actions?

Regards,
Kosh

Dear Kosh,

I have faced a similar situation last month and have sent a show cause notice to the employee at his permanent as well as residential address, advising him to provide in writing the cause for his unauthorized absence.

In your case, since you have already sent him the notice twice, I believe this employee has returned solely for the bonus and salary (in short, money). As per my understanding, when we provide every employee with the appointment letter and have it signed by them, every condition is clearly stated. It is specified that if an employee is absent for more than 8 days without sanction, their employment will be automatically terminated.

In this situation, you can refer to the terms and conditions mentioned in the appointment letter to address this employee. I suggest refraining from providing him with the benefits.

Thanks,
Garima Singhwal