Facing Salary Block and Abscondment After Hospitalization: How Can I Resolve This?

Hello all, I am stuck in a corporate issue and would need some suggestions from all. I joined an organization on 20th Nov and worked until 1st January (i.e., 40 days).

I had an unfortunate accident on 1st Jan and was admitted to the hospital. After that, I sent an email to my team leader informing her about the situation. I mentioned that I understand the company expects certain targets from me, but due to my condition, I wouldn't be able to come to the office. I also suggested that they could remove me from the job. However, the email bounced back as the email ID was incorrectly typed, which I failed to notice.

A few days later, when I was supposed to receive my salary, I found out that they had absconded me and blocked my salary. I called my team leader and explained that I had tried to inform them through the email, even sharing the screenshot, but she is not accepting my explanation, and my salary remains blocked. I am willing to work because I understand this situation arose from my mistake.

Please help.

While our sympathies are with you, it appears to be a tight situation. When your manager refuses to see reason, there is not much you can do, but you can try to personally explain the situation to her.

Presuming that you are still in the service of the company, an alternative would be to write to HR with full particulars. In view of your records regarding the accident and failed email, the conclusion of having abandoned service shall not be valid. You can emphasize that.

I did that, but they are ignoring my messages and emails. What action can I take now?

Dear Rajan, whatever the extent of the advancement of science and technology, the ultimate means of communication is traditional verbal communication only. Nowadays, people want to do everything online. In matters of legal importance, it is better to have a follow-up in written form.

From your narrative, it's clear that the company wants to dismiss you on the grounds of abscondence, which will certainly affect your future employment. Therefore, try to sort out the things in an amicable manner.

I think you must be a probationer. If so, you may have to serve a minimum period of notice before resigning. Better verify your appointment letter.

Though you haven't intended to resign initially, your failure to communicate the reason for your absence in time might have induced your employer to treat this unauthorized absence as abscondence. Without prejudice to their right to do so, they are bound to do so only according to the principles of natural justice. They can't withhold your salary for which you actually worked. Even they may ask you to resign and adjust the salary against notice.

What's your last drawn monthly salary? If it's Rs. 24,000 or less, you can file a claim under Section 15(1) of the Payment of Wages Act, 1936, before the Deputy Labor Commissioner for the area or if more, make a complaint under Section 33(1) of the ID Act, 1947, to the Secretary to the Government, State Labor Department, or file a claim under Section 33-C(2) before the Labor Court.

Legal Recourse for Employment Termination

You may make one last attempt to personally meet and explain the position. If every attempt fails, you have no recourse but to take legal action (file a claim under Section 33C(2) of the ID Act 1947). But before that, issue them a proper notice raising a dispute over the termination of service as absconding. The evidence you have is sufficient to dispel the presumption of abandonment.