Salary of absconded employee - If an employee does not provide his resignation letter or serves notice period

Dear friends,

If an employee does not provide his resignation letter or serve the notice period and leaves the company, is he eligible for the salary of the previous month? Even if the appointment letter clearly dictates no salary clause for an absconded employee.

Regards

Dear Amar,

Abscondence is a breach of the contract of employment by the employee. As such, the employer has the right to initiate disciplinary action against him and terminate his employment. This is a punishment for his prolonged and indefinite absence. However, salary, being the consideration for the services already rendered by the employee, cannot be forfeited or denied. Any such clause in the appointment letter is ab initio void.

Dear colleague,

This is further to what Mr. Umakanthan has stated. As far as the payment of salary to the absconding employee is concerned, he will be entitled to it up to the last day he worked. Nothing needs to be paid for the period he has been absconding on the basis of "No work, no pay." In fact, this can be re-looked at after the outcome of the disciplinary action for his unauthorized absence/breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending inquiry, and finishing the same as early as possible.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

Dear experts,

Thank you so much.

Regards

Dear Amar,

You can withhold the salary with an intimation to the employee that you are absent from the office without sanctioned leave or any information to us and not responding to calls made to you. Wait and see how the employee reacts to the letter.