Dear friends, If an employee does not provide his resignation letter or serves notice period and leaves the company, is he eligible for salary of previous month?
Even if the appointment letter clearly dictates, no salary clause for absconded employee.
Regards
From India, Bhubaneswar
3Even if the appointment letter clearly dictates, no salary clause for absconded employee.
Regards
From India, Bhubaneswar
Dear Amar,
Abscondence is a breach of the contract of employment by the employee and as such the employer has the right to initiate disciplinary action against him and terminate him. This is a punishment for his prolonged and indefinite absence. But, salary, being the consideration for the services already rendered by the employee cannot be forfeited or denied and any such clause in the appointment letter is ab initio void.
From India, Salem
Abscondence is a breach of the contract of employment by the employee and as such the employer has the right to initiate disciplinary action against him and terminate him. This is a punishment for his prolonged and indefinite absence. But, salary, being the consideration for the services already rendered by the employee cannot be forfeited or denied and any such clause in the appointment letter is ab initio void.
From India, Salem
Dear colleague,
This is further to what Mr Umakanthan has stated.
As far as the payment of salary to the absconding Employee is concerned, he will be entitled to it up to the last day he worked. Nothing needs to be paid for the priod he has been absconding on the basis of "No work no pay" In fact this can be re looked at after the outcome of the disciplinary action for his unauthorised absence/ breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending enquiry and finishing the same as early as possible.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
This is further to what Mr Umakanthan has stated.
As far as the payment of salary to the absconding Employee is concerned, he will be entitled to it up to the last day he worked. Nothing needs to be paid for the priod he has been absconding on the basis of "No work no pay" In fact this can be re looked at after the outcome of the disciplinary action for his unauthorised absence/ breach of the contract until which it can be held back. Please proceed swiftly with disciplinary action, chargesheeting, suspension pending enquiry and finishing the same as early as possible.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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