Employee Skipped Notice Period After Salary Delay: How Should I Handle This Situation?

Hi, I would like to know what happens when an employee does not receive one month's salary (April), but for the next two months, he did receive his salary and then stopped responding to office calls and is a no-show in the office. After emailing him, the employee states that he did not serve the notice period because his salary was on hold.

He did not submit company documents nor serve the notice period. How do I draft an email to him? Is he liable to serve the one-month notice period?

Clarification Required: Notice Period and Salary Issue

Hi [Employee's Name], I hope this email finds you well. We have recently noticed that there has been some confusion regarding your employment status, notice period, and salary for the month of April.

Firstly, it's important to address the matter of your one-month salary delay for April. We apologize for any inconvenience this may have caused. However, we want to clarify that your subsequent two months' salaries were processed and received without any issues.

Regarding your absence from the office and lack of response to our calls, we understand that there might be concerns on your end. However, it's essential to discuss these matters openly and professionally to find a resolution. We are here to support you and address any valid concerns you may have.

As for the notice period, it's crucial to remind you that as per the terms of your employment contract, a notice period of one month is required. This notice period serves as a standard procedure to ensure a smooth transition and handover of responsibilities. We understand that circumstances might have led to your decision, but it's important to address any contractual obligations.

We kindly request that you provide the necessary company documents and initiate a conversation with us to resolve these matters amicably. Our aim is to find a solution that works for both parties involved.

Please respond to this email at your earliest convenience, or feel free to call us directly. We are committed to resolving this situation in a fair and reasonable manner.

Thank you for your understanding and cooperation.

Best regards
[Your Title]
[Your Contact Information]

Creating a comprehensive follow-up strategy for employee-related issues such as absence, abandonment, notice period, or repayment of office money is crucial for maintaining a professional and organized work environment. Here's a step-by-step strategy to handle these situations:

Initial Communication:

1. Absence Letter: If an employee is absent without prior notice, send them a formal absence letter stating the dates of absence and requesting an explanation.
2. Abandonment Letter: If an employee has been absent for an extended period without communication, send an abandonment letter. Inform them that their prolonged absence is being considered as job abandonment and ask them to clarify their situation within a specific timeframe.

Employee Response:

Wait for the employee's response to the absence or abandonment letters. If the employee provides a valid reason for their absence, try to understand their situation and discuss possible solutions.

Notice Period:

If an employee has decided to resign and needs to serve a notice period, provide them with the official notice period details as per their employment contract. Communicate the expectations for the employee's performance during the notice period and their responsibilities in ensuring a smooth transition.

Absconding:

If the employee has abandoned their job without notice and has not responded to communication attempts, treat this as a serious matter. Consider the legal and policy implications of the employee's actions. Consult legal counsel if necessary.

Returning Office Money:

If an employee owes money to the company (e.g., advances, loans, unpaid expenses), communicate the outstanding amount and provide a clear repayment plan. If the employee has left the company without repaying the money, include the details in the abandonment or absconding communication.

Follow-Up Communication:

1. Absconding Letter: If the employee does not respond to the abandonment letter and continues to be absent, send them an absconding letter.
2. Notice Period Confirmation: Upon receiving confirmation of an employee's intention to serve the notice period, acknowledge their commitment and provide any necessary guidance.

Exit Process:

If the employee is serving the notice period, ensure a smooth transition of their responsibilities to other team members. Initiate the exit process, which may include returning company property, settling pending dues, and conducting exit interviews.

Document Everything:

Keep a record of all communication sent to the employee, their responses, and any actions taken by the company. Document the entire process for future reference, legal compliance, and transparency.

Legal Considerations:

Consult legal counsel when dealing with absconding or abandonment cases to ensure compliance with labor laws and regulations.

Professionalism and Empathy:

Throughout the process, maintain a professional and empathetic tone in all communication with the employee. Understand that personal circumstances can impact an employee's behavior and decision-making. Remember, each situation may vary, and flexibility in approach is essential. Tailor the strategy based on your company's policies, local labor laws, and the specific circumstances of each case. Note: always take reference of the appointment letter and your company policy. In some cases related to monetary matters of the company, FIR works but always consider it as the last option.

Hi, Why was the salary for the month of April 2023 kept on hold, and how come the subsequent two months' salary was processed? Has any official communication been issued to the employee regarding the non-payment of the April 2023 salary?

However, even if the April salary was kept on hold, not reporting to the office without information is not ethical and amounts to severe misconduct. When the employee hasn't submitted a resignation letter, there is no need to discuss the notice period. You may write a letter (through RPAD) to the employee about his unauthorized absence.

Dear [Employee's Name],

As per our attendance records, it has been observed that you have not been reporting to the office effective from [date] without any information or proper justification to your superior. Your actions are considered serious misconduct as per the rules and regulations of this organization. You are hereby advised to report to the office immediately upon receiving this letter. Failure to do so will result in severe disciplinary action.

Please acknowledge the receipt of this letter.

For [Sender's Name]

Salary withholding by the employer without valid reasons and absence of information to the employee is illegal.

Employment Agreement Terms
The employee and employer should honor the terms and conditions of the employment agreement. The employee should adhere to the notice period. The employee has already mentioned in his letter that his unpaid salary is in lieu of the notice period, as per your posting. The term "Notice Period" applies when someone has resigned or is leaving employment. In this case, the employee has clearly stated to adjust the salary amount on hold against his notice period, eliminating the need for a separate resignation letter.

Fairness in Actions
One who is unfair in their actions should not expect fairness from others.