Employee Left After 15 Days: Can We Legally Withhold Salary for Not Serving Notice?

Employee Leaving Shortly After Joining: Salary Withholding Inquiry

Can anyone suggest what to do in this situation? If an employee leaves for personal reasons just 15 days after joining, citing family problems, is it possible to hold his salary?

In the appointment letter, it is clearly stated that if he doesn't serve his notice period, he has to pay two months' salary. "You will be required to give two months' notice of resignation to the company and provide a seamless transition to another designated company personnel or pay the company two months' all-inclusive salary in lieu of the notice, along with all the expenses for training and other employee benefits you have received since joining the company."

Note: He has not submitted his signed appointment copy back. Are there any laws related to this? Kindly advise.

Please withhold his salary and any special payments. Also, write to him informing him to serve the remaining notice period. Failure to do so will result in the dues payable to him being forfeited to that extent.

If, in the case of abscondence, he is not ready to serve any period of notice, how can we handle it legally.

Understanding Employee Abandonment and Termination

Please be very clear that mere absence for the specified number of days cannot automatically lead to the presumption of abandonment by the employee. You will have to issue a notice of unauthorized absence and threaten action under the abandonment clause before you actually terminate the service.

Handling Dues and Notice Period in Termination

In your termination letter, it is better to specifically mention that as the employee has failed to serve the notice period, the dues payable to him shall be forfeited to that extent. In cases of abandonment, the notice period is not served by the employees, and hence adjustment of the notice period from dues like remaining salary, bonus, incentive payment, salary revision arrears, leave salary, etc., could be attempted.