Please help me in this matter:
We had an employee who worked with us from 19th March 2013 till 30th July 2013.
Now the case is that she was suffering from some back trouble.She informed us about her illness in mid July 2013 stating that she can stretch till August 2013 and will be leaving the organization by end of August 2013.When asked for the medical reports she made an excuse that she has submitted them for mediclaim purpose. She did not place her resignation as well. However she left our organization on 30th July 2013 without serving any notice period and without informing in advance.
Now she is asking for salary for the month of July 2013.She claims that she is medically not fit and cannot serve any notice period.
She sent her medical reports after leaving the organization and that too on 14th August 2013.This according to me was a deliberate move as salaries are released between 10th to 15th of every month.
Since she has not served any notice period or has not informed in advance in any manner, the company thinks that we are not liable to pay her salary for the month of July 2013.
When we informed her about this then she stated that she would sue the company for this kind of an action.
She quoted as -
“hi
well this was a sudden ill health attack....and my doctor clearly said i m not to sit....
in this case i need to file a complaint against the company because medical conditions are sudden to appear and you are clearly doing an exploitation here...your call now...in a week either i get the salary for the work i did or else i sue the company for my ill condition plus not giving my salary.
thanx..”
Kindly suggest me on what should be done in this case.
From India, Delhi
We had an employee who worked with us from 19th March 2013 till 30th July 2013.
Now the case is that she was suffering from some back trouble.She informed us about her illness in mid July 2013 stating that she can stretch till August 2013 and will be leaving the organization by end of August 2013.When asked for the medical reports she made an excuse that she has submitted them for mediclaim purpose. She did not place her resignation as well. However she left our organization on 30th July 2013 without serving any notice period and without informing in advance.
Now she is asking for salary for the month of July 2013.She claims that she is medically not fit and cannot serve any notice period.
She sent her medical reports after leaving the organization and that too on 14th August 2013.This according to me was a deliberate move as salaries are released between 10th to 15th of every month.
Since she has not served any notice period or has not informed in advance in any manner, the company thinks that we are not liable to pay her salary for the month of July 2013.
When we informed her about this then she stated that she would sue the company for this kind of an action.
She quoted as -
“hi
well this was a sudden ill health attack....and my doctor clearly said i m not to sit....
in this case i need to file a complaint against the company because medical conditions are sudden to appear and you are clearly doing an exploitation here...your call now...in a week either i get the salary for the work i did or else i sue the company for my ill condition plus not giving my salary.
thanx..”
Kindly suggest me on what should be done in this case.
From India, Delhi
Dear Client , as mentioned in my earlier posting it is purely the management decision whether to pay or not. But before all this ensure that the terms of the appointment letter are to serve the notice period and cannot be waived off. employee cannot sue the company. YES on personal grounds and on humanitarian grounds if management wants to clear her issue pl go ahead., other wise maximum she may spend few thousand and can send a notice from any advocate, other than this nothing will happen. I feel this is not out of the place to discuss that such matters pertaining to notice period and re leaving or absconding are very sensitive in nature wherein the employees carrier is exposed. The employees are appealed to submit their concerns under a representation and resolve the issues across the table instead resorting to legal solutions, by doing so employees must remember that the organizations will not loose any thing (provided if the documents are clear) the employee will be at loss of time energy and in the process the third parties may be consultants or advocates will earn money. This is posted in general interest not in specific to this case or not in specific to disrespect anybody feelings.
Regards
JSR
From India, Hyderabad
38Regards
JSR
From India, Hyderabad
Dear Sreeram,
Thanks for your comments.
I would like to clear one more thing..This employee has left on "medically unfit" grounds.In such case also company is not liable to pay salary to her..am I right??
From India, Delhi
Thanks for your comments.
I would like to clear one more thing..This employee has left on "medically unfit" grounds.In such case also company is not liable to pay salary to her..am I right??
From India, Delhi
The word she has used is very harsh and does not deserve any sympathy. If she files a case against the company for non payment of salary, you can defend by saying that she was on leave without proper intimation and has absconded with out proper handing over and that was why the salary was put on hold. But to establish these you should have documents in support of her unauthorised leave and letters asking her to join or show cause notice asking her to explain why action should not be taken for her unauthorised leave etc. Moreover, when you declare that you pay salary on different dates which may vary from 10th to 15th of a month, you would be violating the laws in this regard, ie, Payment of Wages Act which tells salary should be paid within 7 days of salary month. Only exception is that establishments employing 1000 or more employees are allowed to pay salary on 10th. Therefore, if your Personnel Department is not acting according to laws applicable, then settle the matter and get rid of complications. After all, she is asking for the wages of her physically present days and nothing else. Think and act.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Anamika,
One point you have mentioned in your posting that in mid-July she informed you about her inability and left the service on 30.07.13. This clearly shows that she has served you notice for 15 days though verbally but information was with you.
In this way, she is also entitled to fifteen days' salary after deducting 15 days salary of short notice period salary from the full month's salary.
Moreover, when she is medically not fit, what work you could have got done from her. Hence, I feel your query is just to obtain forum-support to complete the formalities and papers in respect of her.
An HR person should also consider other peculiar aspects of the case and then decide and recommend.
Pls don't take my frankness otherwise.
Thanks
V K Gupta
From India, Panipat
One point you have mentioned in your posting that in mid-July she informed you about her inability and left the service on 30.07.13. This clearly shows that she has served you notice for 15 days though verbally but information was with you.
In this way, she is also entitled to fifteen days' salary after deducting 15 days salary of short notice period salary from the full month's salary.
Moreover, when she is medically not fit, what work you could have got done from her. Hence, I feel your query is just to obtain forum-support to complete the formalities and papers in respect of her.
An HR person should also consider other peculiar aspects of the case and then decide and recommend.
Pls don't take my frankness otherwise.
Thanks
V K Gupta
From India, Panipat
Dear Mr. Gupta,
I got your point.But the thing is that we have shared her medical reports with a Doctor.According to the doctor her medical reports are quite normal.She could have taken at max. a weeks rest and could have resumed her duties.She was suffering from some minor back trouble according to the medical reports.
Company was OK in providing her leaves for 2 or 3 weeks time but she didn't opted for that and straightway stopped coming to office.She didn't submit her medical reports when she was asked to.Instead she submitted them after 15 days of leaving the job and that too when she realized that the company has not released her salary.
Please comment on this.
From India, Delhi
I got your point.But the thing is that we have shared her medical reports with a Doctor.According to the doctor her medical reports are quite normal.She could have taken at max. a weeks rest and could have resumed her duties.She was suffering from some minor back trouble according to the medical reports.
Company was OK in providing her leaves for 2 or 3 weeks time but she didn't opted for that and straightway stopped coming to office.She didn't submit her medical reports when she was asked to.Instead she submitted them after 15 days of leaving the job and that too when she realized that the company has not released her salary.
Please comment on this.
From India, Delhi
Dear Anamika,
I understand your point and position. I also understand that she was posing of illness. But when she is not ready to work, how can you force her to work. HR is not policeman to enforce when employee is not willing and ready to work. In these circumstances, you can take action against the employee.
If there is any problem in the working of the company without her, then initiate in-disciplinary proceedings against her for unauthorised absence as per policy/SO of the company before she initiate any action against the company.
If no, then call her and get your documents completed and pay her salary as suggested above to sort out the problem and should get rid of such employees.
From India, Panipat
I understand your point and position. I also understand that she was posing of illness. But when she is not ready to work, how can you force her to work. HR is not policeman to enforce when employee is not willing and ready to work. In these circumstances, you can take action against the employee.
If there is any problem in the working of the company without her, then initiate in-disciplinary proceedings against her for unauthorised absence as per policy/SO of the company before she initiate any action against the company.
If no, then call her and get your documents completed and pay her salary as suggested above to sort out the problem and should get rid of such employees.
From India, Panipat
I understand from the above discussions, if my understanding is right, management is not willing to pay salary for the days worked on some pretext or other, One thing we should remember on what conditions she is leaving without serving notice period, is there any genuine reason for it or just she wanted to avoid notice period work. Please remember our ex-employees are our brand ambassadors and who can convey good or bad of the company. Please take a conscientious decision.
From India, Hyderabad
From India, Hyderabad
Dear friend,
It is very difficult to interpret the contents of the medical report the way we may deem it necessary. It is not feasible to prove her alleged ailment does not warrant availing leave or quitting. It's her decision. Let us stick to the points of what admin.should highlight/answer these:
1.Whether she has really applied for grant of leave if so was it allowed or not
2.Was she eligible for the applied leave if any. If not whether the leave was denied and the same was conveyed to her.
3.If no leave was granted what action was taken reg.unauthorised leave/absenteeism
4.With out proper resignation letter how the matter has been dealt by your admin.?
5.Was any domestic inquiry has been initiated, if not what is blocking ?
6.Obviously she is on probation and normally no leave could have accrued and why appropriate action was not taken?
7.Why you are panic about this suing matter, are U afraid of any other serious issues might crop up if this is not settled fast ?
From India, Bangalore
It is very difficult to interpret the contents of the medical report the way we may deem it necessary. It is not feasible to prove her alleged ailment does not warrant availing leave or quitting. It's her decision. Let us stick to the points of what admin.should highlight/answer these:
1.Whether she has really applied for grant of leave if so was it allowed or not
2.Was she eligible for the applied leave if any. If not whether the leave was denied and the same was conveyed to her.
3.If no leave was granted what action was taken reg.unauthorised leave/absenteeism
4.With out proper resignation letter how the matter has been dealt by your admin.?
5.Was any domestic inquiry has been initiated, if not what is blocking ?
6.Obviously she is on probation and normally no leave could have accrued and why appropriate action was not taken?
7.Why you are panic about this suing matter, are U afraid of any other serious issues might crop up if this is not settled fast ?
From India, Bangalore
Had your company been in the right side of law regarding salary date and essential documentation, I would have asked you to counter sure her and make her pay for lost opportunity. However, since you are yourself on a sticky wicket, all you can do is talk it out with her and settle it before it goes to court.
From India, Mumbai
From India, Mumbai
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