Employee Skipped Notice Period and Wants Salary – How Should We Handle This?

Dear All,

Hope you are doing well!

I have a query regarding the notice period. One of our employees did not serve the notice period as mentioned in our policy, which is mandatory, and left the organization immediately. Now, that person is asking for their salary. What should we do?

Looking forward to your reply.

Thanks,
Kiran

What salary is he asking for? Please make your query clear. Employee X worked until (date) and left without notice. He is asking for (number of days) salary. This kind of query will make things easier to understand and give the correct answer.

If the notice period was specified in the offer letter, then you can adjust the notice period pay against the pay for days worked.

Yes, it was mentioned that there is a 30-day notice period.

Dear Kiran,

You should issue a letter to the concerned party stating the clause of the notice period in the appointment letter. Additionally, mention that the salary and other receivables are being kept on hold in lieu of the notice period. You have the liberty to choose not to issue a relieving letter or an experience letter.

If it is as simple as your letter, just do not give anything to the guy. As your letter of employment clearly states that it is mandatory to fulfill the notice period, and if not done, you may invoke them when required. You can also hold back his relieving letter along with the salary.

Dear Kiran,

1. There is nothing mandatory in an appointment letter that does not bind both parties equally.

2. If you ask a person to leave without a notice period, what are the responsibilities of the employer and the rights of the sacked employee?

3. In every appointment contract, there is always an exit clause. What does it entail in the letter issued to that employee or any employee? Could you share that clause here?

4. Please do his full and final settlement, recover the notice pay, and pay the balance amount to him.

5. Issue a letter with complete details to the employee.

6. Please note that if such a clause is challenged in a court of law, it will be struck down.

Warm Regards,
Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]