Dear Seniors,
One of our employees has been absent for more than 10 days without any intimation to their superior. We have sent a letter to the employee's permanent address, but have not received any reply. In such a situation, the employer can withhold the salary. Additionally, if the employee returns after 30 days, they will be entitled to the pending salary.
Thanks,
Cp Singh
From India, Noida
9One of our employees has been absent for more than 10 days without any intimation to their superior. We have sent a letter to the employee's permanent address, but have not received any reply. In such a situation, the employer can withhold the salary. Additionally, if the employee returns after 30 days, they will be entitled to the pending salary.
Thanks,
Cp Singh
From India, Noida
Dear APARNA,
Straight termination of employment on the ground of unauthorized absence or absconding, without holding a domestic inquiry or affording a reasonable opportunity to the delinquent employee, amounts to retrenchment. This is true even if it is provided in the appointment orders or service regulations of the establishment. Any retrenchment carried out without complying with the provisions of Sec. 25F of the Industrial Disputes Act, 1947, is illegal.
Termination on disciplinary grounds, however, is not considered retrenchment. Therefore, unauthorized absence or absconding is a misconduct that can only be punished after following the procedural disciplinary action. Please refer to the judgment of the Supreme Court in DCM Ltd. v. Shambunath Mukharjee (1978 LLJ) for further details.
From India, Salem
Straight termination of employment on the ground of unauthorized absence or absconding, without holding a domestic inquiry or affording a reasonable opportunity to the delinquent employee, amounts to retrenchment. This is true even if it is provided in the appointment orders or service regulations of the establishment. Any retrenchment carried out without complying with the provisions of Sec. 25F of the Industrial Disputes Act, 1947, is illegal.
Termination on disciplinary grounds, however, is not considered retrenchment. Therefore, unauthorized absence or absconding is a misconduct that can only be punished after following the procedural disciplinary action. Please refer to the judgment of the Supreme Court in DCM Ltd. v. Shambunath Mukharjee (1978 LLJ) for further details.
From India, Salem
At first, send the absent employee a show-cause notice to be replied to within a specific period. Also, make sure that they are not seriously ill or have not met with any accident. If the management is not satisfied with their reply, take disciplinary action as per the provisions of the company's disciplinary policy, if one exists. Otherwise, terminate their employment after providing a clear and valid reason for the termination.
From India, Delhi
From India, Delhi
If one company senior terminates a staff on Monday morning without giving any notice period, what about his salary for the next month? Now, he is asking for his salary through an email to the HR department. What can HR do?
After 10 days, his senior sends the staff a resignation and no due letter.
From India, undefined
After 10 days, his senior sends the staff a resignation and no due letter.
From India, undefined
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