Employee Left After One Month: Can We Legally Recover Their Salary Due to Unserved Notice Period?

In my company, we have one employee who left the company after one month once he received the salary. Can we recover that salary amount from him? The appointment letter states a 3-month notice period. Is there any legal way to do so?

Dear Sakshi,

This is a case of abandonment of employment. Nevertheless, you cannot recover the salary already paid. At best, you can send a notice for the recovery of the pay in lieu of not serving the notice period.

You may send the recovery notice signed by the MD of the company to the employee's last known address. Provide a proper justification for why he is required to pay the dues and include a breakdown of the amount. If the dues are not paid, you may send a second notice. If you wish to be more assertive, you may send a copy of the notice to the employee's current employer.

If the dues are still not paid, then send a lawyer's notice. If the dues remain unpaid even after serving a lawyer's notice, you are free to file a suit. However, this situation may not arise as most people become apprehensive when they receive a lawyer's notice.

Thanks,

Dinesh Divekar

Dear group member, as it's a matter of unauthorized absenteeism, I suggest that you review the letter of appointment, especially the section regarding absenteeism. If your company has mentioned a clause about this, no legal action can be taken for this act.

After the tenure of unauthorized absenteeism is completed, as an HR personnel, you can determine that the individual does not intend to continue with your company. You can then take appropriate action in due course.

Best regards

Company vs. Employee: Who Holds the Power?

This is a case between a company and an employee. Who is powerful? The company, of course. Why then does the company want to trouble an employee who has left? He is not interested, hence he left. A wise employer does not keep a dissatisfied employee even for a day. The employee has left, let him go.

What About the Salary?

What about his salary? If you file a case, what will be the expenses? Do not only consider the potential impact on other employees. Satisfied employees will certainly form a negative opinion about the departed employee. Dissatisfied employees will be in the pipeline. Instead, employers should focus on moving on from the situation and contemplate why employees are dissatisfied and leaving.

Legal Considerations

The law states the employer cannot reclaim the amount from the employee; the employer can only insist on service during the notice period. Will the employee continue working? It might be better that he left. Consider the well-being of your company.

Vibhakar Ramtirthkar. Pune

Dear Mr. Vibhakar Ramtirthkar,

Nice to see you back in the Citehr community. Your contributions to developing the community were significant before the interlude. I hope you will maintain the tempo.

Letting Go of the Employee

You have suggested letting go of the employee. Your contention is that the organization should not waste its precious resources in chasing an employee who has left, though unceremoniously.

Nevertheless, if the organization allows this kind of trend to persist, then anyway, it would incur losses. The sudden exit of the employee hampers operational continuity. The sudden absence could become the cause of customer dissatisfaction too.

Preventing a Stop-Gap Arrangement

Above all, we cannot allow the organization to become a stop-gap arrangement. Sooner the employee gets a better opportunity, if he/she is allowed to leave as per his/her wish, then the organization will reduce to a waiting room of the railway station. To nip this trend in the bud, it is important for the organization to remove a velvet glove and raise its legal fist. This will send a signal to the employees on the roll on what could happen if they abandon their employment. The legal action need not be aimed at exactly the employee who played truant but also at others by creating a deterrence in their mind.

Communication Through Actions

Communication need not always mean written or oral communication or body language. Many times the management of the company communicates through their actions and decisions. Though invisible, it sends a very strong message to the employees.

For Sakshi Gupta: Analyzing the Causes of Sudden Exit

Legal action apart, the causes of the sudden exit of the employee merit studying. Was it a case of the wrong hire? Why could the newly joined employee not be engaged with the organization? Was there any failure on the part of the reporting manager or the HOD? Whether the legal action will be taken or not, failure to retain an employee will be an organization's failure.

Thanks,

Dinesh Divekar

Notice Period and Appointment Letter

The notice period depends on the appointment letter issued to the employee. During the probation period, no notice is required if it is stipulated in the probationary offer letter.

For a confirmed employee, a minimum notice period of one month (based on the company policy) will be there. The notice period is a part of either the appointment letter or the Certified Standing Orders of the company.