How Should HR Handle Salary Requests When Company Assets Aren't Returned?

The ex-employee joined the company on 4th July '21 and, after four days, he suffered from COVID and was on leave for the whole month of July. He returned in August for one day and submitted his resignation, giving a 10-day notice period. During this period, he handed over his policy-making responsibilities and successfully completed that task. However, on his last working day, he did not come to the company to hand over the company assets, citing not feeling well as the reason. Now, he is requesting his salary for July and August.

As the ex-employee held the position of Assistant Manager of HR, HR should consider taking appropriate action in this situation. It is essential to address the issue of the unreturned company assets and the attendance discrepancy before deciding on the salary payment for the requested months.

When communicating with the ex-employee, HR should send a formal email outlining the concerns regarding the unreturned company assets and the need for a resolution before salary payments can be processed. The email should maintain a professional tone and clearly state the company's expectations regarding the outstanding matters.

Thank you.

It seems that the resignation was already accepted and acted upon. Therefore, the resigned employee is entitled to wages for his duty period. However, it should not be officially clubbed with the return of the company's assets in his possession. Just inform him to go over to the company for receiving his salary in person and handing over the company assets as described.

First, check your company's Full & Final policy. As you have stated, he served only a 10-day notice period. Most probably, on probation, the notice period is 1 month, but please check your policy.

1. I hope his department head (i.e., HR head) approved his resignation and waived the short notice period. Please check this proof.
2. Secondly, check any commitments given to the employee in writing.

The employer is liable to pay if any commitment was made towards any kind of payment. If not, the company is not liable to pay any compensation to the employee. If any commitment is not given to the employee, the company can file a case against the employee and recover company assets.

Regards, Kiran Bhambid Payroll & Labour Law Consultant.

Hi, An employee joined the company and worked for only four days in July before taking a month-long leave, citing COVID as the reason. Although he handed over tasks such as releasing offer and appointment letters and creating policies, the employer withheld his July salary due to his absence.

In August, he returned for one day, submitted his resignation, and then went on leave again during his notice period, citing an accident. He did not complete his full and final settlement process on his last working day. Now, he is refusing to return the laptop unless he receives his full salaries for July and August. He claims to have worked from home on tasks like releasing offer and appointment letters and formulating company policies.

Additionally, his reporting manager has also left the company. What action should the company take in this situation? What should we include in the email to him, considering we have already informed him multiple times to come in and complete his full and final processes and return the company property?

Thank you.