Dear all,
If an employee gives a 30-day notice period for resignation on May 15, 2012, and does not report to work after 20 days, until June 9, 2012, what action should be taken against him? Can 20 days' salary be deducted from his full and final settlement on June 14, 2012?
Please reply and help resolve this issue.
Thanks,
Sandeep Dahiya
From India, New Delhi
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3If an employee gives a 30-day notice period for resignation on May 15, 2012, and does not report to work after 20 days, until June 9, 2012, what action should be taken against him? Can 20 days' salary be deducted from his full and final settlement on June 14, 2012?
Please reply and help resolve this issue.
Thanks,
Sandeep Dahiya
From India, New Delhi
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If I understand the situation correctly, it is as follows:
1. Date of resignation: 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 2012
5. Will get relieved on: 14th June 2012
If these facts are correct, he has given notice for one month and has availed 20 days of leave duly authorized by you.
If he has leave to his credit, then treat this leave with pay, and you must pay his salary. You also received notice from him on 15th May, and you are relieving him on 14th June. That means you cannot deduct any amount towards the notice period as he has served a 30-day 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 cannot deduct any amount towards the notice pay.
If he has remained absent and gone without obtaining prior approval, then do not allow him to join duty on 9th June. If you have sent communications stating that he is remaining absent and will be deemed to have gone without notice, then you can deduct notice pay.
But if he has remained absent and if you have allowed him to join back on 9th June, it will be deemed that you have condoned his absence, and no adjustment on the notice period can be made. However, you do not need to pay salary for the period of absence.
Sivasankaran
From India, Chennai
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1. Date of resignation: 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 2012
5. Will get relieved on: 14th June 2012
If these facts are correct, he has given notice for one month and has availed 20 days of leave duly authorized by you.
If he has leave to his credit, then treat this leave with pay, and you must pay his salary. You also received notice from him on 15th May, and you are relieving him on 14th June. That means you cannot deduct any amount towards the notice period as he has served a 30-day 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 cannot deduct any amount towards the notice pay.
If he has remained absent and gone without obtaining prior approval, then do not allow him to join duty on 9th June. If you have sent communications stating that he is remaining absent and will be deemed to have gone without notice, then you can deduct notice pay.
But if he has remained absent and if you have allowed him to join back on 9th June, it will be deemed that you have condoned his absence, and no adjustment on the notice period can be made. However, you do not need to pay salary for the period of absence.
Sivasankaran
From India, Chennai
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Dear Sir,
First of all, thank you for replying with details.
One more question: if he leaves without approval after joining on June 10, 2012, and we allow him to work without the proper sanction of duty, can we deduct 20 days' notice pay from his full and final settlement?
Regards,
Sandeep
From India, New Delhi
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First of all, thank you for replying with details.
One more question: if he leaves without approval after joining on June 10, 2012, and we allow him to work without the proper sanction of duty, can we deduct 20 days' notice pay from his full and final settlement?
Regards,
Sandeep
From India, New Delhi
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The moment you allow him to join, you are condoning his absence. You can deduct wages for the same. You cannot deduct wages for the period treating it as a 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 the right to treat it as absence and need not pay salary for the period.
2. The other question is the shortfall in notice:
The moment he has given a letter in writing, he has issued a notice to you and the countdown starts. When you allow him to work on the 10th, you condone the absence, and the period from 15th May needs to be treated as the Notice period, which ends on the 14th. Unfortunately, no one gives a notice period as 30 working days; we just mention it as 30 days.
Sivasankaran
From India, Chennai
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1. Loss of pay or leave with pay:
If he does not get prior approval, you have the right to treat it as absence and need not pay salary for the period.
2. The other question is the shortfall in notice:
The moment he has given a letter in writing, he has issued a notice to you and the countdown starts. When you allow him to work on the 10th, you condone the absence, and the period from 15th May needs to be treated as the Notice period, which ends on the 14th. Unfortunately, no one gives a notice period as 30 working days; we just mention it as 30 days.
Sivasankaran
From India, Chennai
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Dear Mr. T. Sivasankaran,
I appreciate all your comments except "Do not allow him to join." I could not understand how anyone can adopt such a practice. If he remains absent without approval, you have all ways to deal with him as per the law, policy, or rules. In my opinion, this is a very bad practice from any company because such actions totally breach the principle of natural justice.
If the notice period is 30 days and you have not issued him the relieving letter, then you can ask him to work for extended days of absence since the notice period is in days and not in months. If the employee does not wish to continue after the 14th of June, you can deduct his notice pay.
Mangesh Wakodkar
Aurangabad
From India, Pune
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I appreciate all your comments except "Do not allow him to join." I could not understand how anyone can adopt such a practice. If he remains absent without approval, you have all ways to deal with him as per the law, policy, or rules. In my opinion, this is a very bad practice from any company because such actions totally breach the principle of natural justice.
If the notice period is 30 days and you have not issued him the relieving letter, then you can ask him to work for extended days of absence since the notice period is in days and not in months. If the employee does not wish to continue after the 14th of June, you can deduct his notice pay.
Mangesh Wakodkar
Aurangabad
From India, Pune
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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
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From India, Hyderabad
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Sanctioning leave is different from absconding. If one has a good relationship and has completed all work, and his boss 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 organization to be tough.
There is no law that says a person cannot 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 cannot avail leave for the next one year with the new organization. If he gives one month's notice and avails 15 days leave, there is nothing wrong provided he has completed all his assigned jobs.
Mr. Mangesh
Thanks for your observations. I am conscious that this is a little harsh and is against the 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
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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 organization to be tough.
There is no law that says a person cannot 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 cannot avail leave for the next one year with the new organization. If he gives one month's notice and avails 15 days leave, there is nothing wrong provided he has completed all his assigned jobs.
Mr. Mangesh
Thanks for your observations. I am conscious that this is a little harsh and is against the 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
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Normally, we should not allow anyone to take leaves within the notice period. However, if someone does take leave, he/she should be prepared for the consequences as well. Whether an individual is eligible to take leave within the notice period depends on the company policies. Depending on the individual's conduct and tenure, only the process head/supervisor can approve the request and relieve the individual without any issues.
From India, Delhi
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From India, Delhi
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Hi guys,
My personal views on such a subject are: The person who has submitted his resignation should be dealt with softly rather than introducing new and harsh policies, as he is already separating. There must be genuine reasons for the prolonged absence that need to be identified and steps taken to prevent such occurrences in the future.
People's departure is a significant setback for any company and its HR department; therefore, there should be a conducive working environment and policies in place to minimize employee turnover.
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My personal views on such a subject are: The person who has submitted his resignation should be dealt with softly rather than introducing new and harsh policies, as he is already separating. There must be genuine reasons for the prolonged absence that need to be identified and steps taken to prevent such occurrences in the future.
People's departure is a significant setback for any company and its HR department; therefore, there should be a conducive working environment and policies in place to minimize employee turnover.
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Hi everyone, I just want to ask: I was working at XYZ Company for the last 3 and a half years. During this time, I resigned and gave a 7-day notice. After three months, I rejoined the company. However, upon rejoining, they deducted a certain amount from my salary for three months. Due to some issues, they sent me home without any prior warning or notice. Initially, they released a termination letter without issuing a warning letter. When I contested this, they recalled the termination letter but withheld my salary.
Please advise me on whether I should receive my withheld salary and if I am entitled to any extra compensation since they terminated my employment without a notice period or warning letter. Your guidance would be greatly appreciated.
From India, Mumbai
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Please advise me on whether I should receive my withheld salary and if I am entitled to any extra compensation since they terminated my employment without a notice period or warning letter. Your guidance would be greatly appreciated.
From India, Mumbai
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