Dear all, If an employee give 30 days notice period from service on 15 may 2012. And he not come on duty after 20 days, till 09 june 2012. What action should be taken against him. Whether 20 days salary can be deducted from his full and final settlement on 14 june 2012.
Please reply and solve this issue.
Thanks
sandeep dahiya
From India, New Delhi
3Please reply and solve this issue.
Thanks
sandeep dahiya
From India, New Delhi
If I understand the situation, it is like this
1. Date of resigantion: 15th May 2012
2. Date of relieving: 14th June 2012
3. On leave from: 20th May 2012 to 9th May 2012
4. Will join duty on: 10th June 2912
5: Will get relieved on: 14th June 2012
I these facts are correct, he has given notice for one month and he has availed 20 days levae in between duly authorised by you.
If he has leave to his credit, then treat this leave with pay and you must pay his salary. You also have taken notice from him on 15th May and you are relieving him on 14th June. That means. you can not decduct any amount towards notice period as he has served 30 days notice on you.
If the employee does not have leave to his credit, then treat the period as loss of pay. Even then, he has given you notice for 30 days and you can not deduct any amount towards notice pay.
If he has remianed absent and gone without obtaining prior approval, then do not allow him to join on duty on 9th . If you have sent communications stating that he is remaini ng absent, and he will be deemed to have gone without notice, then you can dedcut notice pay.
But if he heas remained absent and if you have allowed to join back on 9th June, it will deemed that you have condoned his absence and no adjustment on notice period can be made. However you do not need to pay salary for the period of absence
Sivasankaran
From India, Chennai
1. Date of resigantion: 15th May 2012
2. Date of relieving: 14th June 2012
3. On leave from: 20th May 2012 to 9th May 2012
4. Will join duty on: 10th June 2912
5: Will get relieved on: 14th June 2012
I these facts are correct, he has given notice for one month and he has availed 20 days levae in between duly authorised by you.
If he has leave to his credit, then treat this leave with pay and you must pay his salary. You also have taken notice from him on 15th May and you are relieving him on 14th June. That means. you can not decduct any amount towards notice period as he has served 30 days notice on you.
If the employee does not have leave to his credit, then treat the period as loss of pay. Even then, he has given you notice for 30 days and you can not deduct any amount towards notice pay.
If he has remianed absent and gone without obtaining prior approval, then do not allow him to join on duty on 9th . If you have sent communications stating that he is remaini ng absent, and he will be deemed to have gone without notice, then you can dedcut notice pay.
But if he heas remained absent and if you have allowed to join back on 9th June, it will deemed that you have condoned his absence and no adjustment on notice period can be made. However you do not need to pay salary for the period of absence
Sivasankaran
From India, Chennai
Dear Sir,
First of all thanks for reply with details.
One more question is if he gone leave without approval and he join on 10 june 2012 and we alow to duty without sanction of dute. Can we deduct 20 days notice pay from his his full and final ?
Regards
Sandeep
From India, New Delhi
First of all thanks for reply with details.
One more question is if he gone leave without approval and he join on 10 june 2012 and we alow to duty without sanction of dute. Can we deduct 20 days notice pay from his his full and final ?
Regards
Sandeep
From India, New Delhi
The moment you allow him to join, you are condoning his absence. You can deduct wages for the same
You can not deduct wages for the period treating it as loss of pay and deduct Notice pay as well
There are two issues
1. Loss of pay or leave with pay
If he does not get prior approval you have a right to treat it as absence and need not pay salary for the period
2. Other question is shortfall in notice
The moment he has given a letter in writing, he has issued a notice on you and count down starts. And when you allow him for
work on 10th, you condone the absence and the period from 15th May need to be treated as Notice period and the same ends on
14th. Unfortunately, noone gives notice period as 30 working days. we just mention as 30 days.
Sivasankaran
From India, Chennai
You can not deduct wages for the period treating it as loss of pay and deduct Notice pay as well
There are two issues
1. Loss of pay or leave with pay
If he does not get prior approval you have a right to treat it as absence and need not pay salary for the period
2. Other question is shortfall in notice
The moment he has given a letter in writing, he has issued a notice on you and count down starts. And when you allow him for
work on 10th, you condone the absence and the period from 15th May need to be treated as Notice period and the same ends on
14th. Unfortunately, noone gives notice period as 30 working days. we just mention as 30 days.
Sivasankaran
From India, Chennai
Dear Mr. T.Sivasankaran,
I appriciate your all comments except "Do not allow him to join"
I could not understand how any one can adopt such practice.If he remains absent without approval you have all ways to deal with him as per the law,policy or rules.As per my opinion this is very bad practic from any company because such actions totaly breaches the principle of natural justice.
If the notice period is of 30 days and you have not issued him the releiving letter then you can say him to work for extended days of absence as the notice period is in days and not in Month.If the empolyee does not wish to continue after 14'th June you can deduct his notice pay.
Mangesh Wakodkar
Aurangabad
From India, Pune
I appriciate your all comments except "Do not allow him to join"
I could not understand how any one can adopt such practice.If he remains absent without approval you have all ways to deal with him as per the law,policy or rules.As per my opinion this is very bad practic from any company because such actions totaly breaches the principle of natural justice.
If the notice period is of 30 days and you have not issued him the releiving letter then you can say him to work for extended days of absence as the notice period is in days and not in Month.If the empolyee does not wish to continue after 14'th June you can deduct his notice pay.
Mangesh Wakodkar
Aurangabad
From India, Pune
I beg to disagree with Shri. Sivasankaran's views. During the notice period no one is supposed to take leave even if it is available to his/her credit. The employer has full right to deduct salary for the 20 days he/she has absented. Only serious medical cases can be considered for "No Penalty" by the employer.
From India, Hyderabad
From India, Hyderabad
Sanactio ning leave is different and absconding is different. If one has good relationship and has completed all work, and his boos says, his leave is sanctioned, he can proceed on leave.
If he absconds for twenty days and comes back, he is trying to be smart and trying to cheat the company. Only in such cases, I will advise the organisation to be tough.
There is no law which says that person can not avail leave during the Notice Period. He may have CL which he can avail. He can avail EL if it is sanctioned Sanctioning or not sanctioning is the prerogative of the Company. Generally many employees may like to avail some leave during the Notice Period which is justified as he can not avail leave for next one year with the new organisation. If he gives one months notice and avails 15 days leave, tere is nothing wrong provided he has completed all he assigned jobs.
Mr Mangesh
Thanks for your observations. I am conscious that this is little harsh and is againt principles of Natural Justice I was recommending based on situations and the person on the spot must assess the intentions of the resigned employee and take a decision
Thanks
Sivasankaran
From India, Chennai
If he absconds for twenty days and comes back, he is trying to be smart and trying to cheat the company. Only in such cases, I will advise the organisation to be tough.
There is no law which says that person can not avail leave during the Notice Period. He may have CL which he can avail. He can avail EL if it is sanctioned Sanctioning or not sanctioning is the prerogative of the Company. Generally many employees may like to avail some leave during the Notice Period which is justified as he can not avail leave for next one year with the new organisation. If he gives one months notice and avails 15 days leave, tere is nothing wrong provided he has completed all he assigned jobs.
Mr Mangesh
Thanks for your observations. I am conscious that this is little harsh and is againt principles of Natural Justice I was recommending based on situations and the person on the spot must assess the intentions of the resigned employee and take a decision
Thanks
Sivasankaran
From India, Chennai
Normally, we should not allow anyone to go leaves within notice period. However, if someone takes it and he/she should be ready for the consequences as well. Also, it depends on the company policies whether anyone is eligible to take leave within notice period.
Depending on the individual conduct and tenure, only process head / supervisor can approve the same and relieve him without any issues.
From India, Delhi
Depending on the individual conduct and tenure, only process head / supervisor can approve the same and relieve him without any issues.
From India, Delhi
hi guys,
my personal views on such subject are :
The person who has put in his papers shpuld e dealt with softly rather than showing new and harsh poilicies as he is already separating. There must be some genuine reasons of being absent for such a long time which need to be found out and try that should not happen in future.
People's separation is a big defeat for any company and its HR , there should be such working environment and policies that people turnaround is very less..
my personal views on such subject are :
The person who has put in his papers shpuld e dealt with softly rather than showing new and harsh poilicies as he is already separating. There must be some genuine reasons of being absent for such a long time which need to be found out and try that should not happen in future.
People's separation is a big defeat for any company and its HR , there should be such working environment and policies that people turnaround is very less..
hi every one just want to ask you i was working in xyz company from last 3 and half years in between that i given the resign and give notice of 7days after three months i rejoined the company after my rejoining they deducted certain amount from my salary for regular 3 months now due to some issues they just send me home after that first they release my termination letter without issuing me a warning letter when i fight for that they recall the termination letter but they hold salary . please suggest me should i get my salary and do get extra salary because they fired me without any notice period and warning letter please suggest
From India, Mumbai
From India, Mumbai
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