What if a small-business hires an employee without an appointment letter, being a proprietary firm? After serving for 20 days, if the employee lies about family problems and goes absconding without informing, joining another business house with the same nature of business, can he claim his 20 days salary after 2 months of absconding?
From India, Mumbai
From India, Mumbai
I personally feel that the other business house, who must have poached the staff, must compensate for the loss of salary which the staff suffered from his previous employer, whom he left without informing. He ethically, retains no rights for asking for his salary from his previous employer, as he left the job in obsession of increased salary and joined the other employer, causing risk of loss of business to the previous employer.
From India, Mumbai
From India, Mumbai
Even if no appointment/offer letter is issued to the employee, if the employee is guilty of lying and leaving the company without intimation or at a very short notice, and if proved of joining another company in lieu of better prospects, the employee, being absconding or leaving at a very short notice, causing damage to the previous employer due to sudden and abrupt leaving of job, cannot ask for his salary. He is already being compensated by the new employer who benefits from the employment. The previous employer, in all his rights can refuse to pay his salary. Due to this unethical poaching, some organizations pay salaries after the 10th of every month, so that the employees are free to pick up their salary of previous month, but forfiet the salaries of 10days of current month as a compensation of leaving without notice or abruptly. He then has no rights to Claim the salary of 10days being ditching the employer.
From India, Mumbai
From India, Mumbai
The employer has the right of refusal to pay the salary to the unfaithful employee, who fakes a wrong reason to join another company. The employee is not guarded by the offer letter, since not issued, so he need not serve any notice period and he cannot be sued for leaving with a short notice or goes absconding and join another company, for better prospects.
However, since there is no contract between the employer and employee, even the employer isn't guarded with the offer letter, being not issued. Even he can refuse to pay the salary to the employee, being absconding, or lying a reason of leaving, or leaving with a very short notice and joining another company with better prospects since the employee has put the employer in the peril of possible loss due to sudden absence and non reporting on duty, or leaving at a short notice, not giving enough time or chance to the employer to look out for a replacement. The employee is guilty of knowingly causing disruption in business and absconding for selfish reasons, hence can forfiet his salary for such deceit.
From India, Mumbai
However, since there is no contract between the employer and employee, even the employer isn't guarded with the offer letter, being not issued. Even he can refuse to pay the salary to the employee, being absconding, or lying a reason of leaving, or leaving with a very short notice and joining another company with better prospects since the employee has put the employer in the peril of possible loss due to sudden absence and non reporting on duty, or leaving at a short notice, not giving enough time or chance to the employer to look out for a replacement. The employee is guilty of knowingly causing disruption in business and absconding for selfish reasons, hence can forfiet his salary for such deceit.
From India, Mumbai
The claim for wages for working days is justified and can not be denied. The denial to pay the outstanding wages by the employer is illegal.
The employee absented for the family problem can't be called or termed absconding, while employer knew the cause of absent. The employer needs to pay the amount due for the period of work done by the employee.
From India, Mumbai
589The employee absented for the family problem can't be called or termed absconding, while employer knew the cause of absent. The employer needs to pay the amount due for the period of work done by the employee.
From India, Mumbai
Hi,
In normal course an employee is supposed to serve proper notice period at the time of resignation as per the terms and conditions of the Appointment letter. If Employee abscond and joins other competitor without serving proper notice period then Employer has right to deny the FFS as the employee absconded without any update.
But in your case no appointment letter was issued to the employee and the employee left without information and joined other competitor company. In this case in the absence of mutually agreed accepted employment contract Employer have no right to insist for proper notice nor employee have any obligation to serve proper period. Mostly such absconded employees will not follow up for salary. Even if salary request made by that employer employer can make it clear that for absconded cases FFS cannot be made.
From India, Madras
In normal course an employee is supposed to serve proper notice period at the time of resignation as per the terms and conditions of the Appointment letter. If Employee abscond and joins other competitor without serving proper notice period then Employer has right to deny the FFS as the employee absconded without any update.
But in your case no appointment letter was issued to the employee and the employee left without information and joined other competitor company. In this case in the absence of mutually agreed accepted employment contract Employer have no right to insist for proper notice nor employee have any obligation to serve proper period. Mostly such absconded employees will not follow up for salary. Even if salary request made by that employer employer can make it clear that for absconded cases FFS cannot be made.
From India, Madras
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
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