Hi, one of my employees joined in mid-Feb, and we made it clear during the interview that for a month or two, they may have to travel to another country, which was agreed upon. Fast forward to a month after their joining when we asked them to travel, they came up with the reason that their mother has surgery and for an entire year, they cannot travel. We accommodated that on compassionate grounds, although that meant we won't have them in person to meet the client.
Now, they met with an accident and are on unpaid leave for 3 months. Until now, we have paid them everything. They are now asking for 1 month's salary while on unpaid leave on compassionate grounds, stating that they can pay later.
At this point, within the duration of the probation, I am turned off by the employee as they haven't shown any great performance or fulfilled job duties such as traveling to the client's side. Is it incorrect to deny the request for advance salary to be fair to all other employees? Does that make us a bad employer?
As a small business, and with this employee on leave for 3 months due to an accident, I either have to get their replacement while they are away or keep that replacement as a liability to replace this employee later. Can I replace the employee once they return after 3 months on the grounds of being unfit to fulfill job responsibilities?
From Canada, Vancouver
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Now, they met with an accident and are on unpaid leave for 3 months. Until now, we have paid them everything. They are now asking for 1 month's salary while on unpaid leave on compassionate grounds, stating that they can pay later.
At this point, within the duration of the probation, I am turned off by the employee as they haven't shown any great performance or fulfilled job duties such as traveling to the client's side. Is it incorrect to deny the request for advance salary to be fair to all other employees? Does that make us a bad employer?
As a small business, and with this employee on leave for 3 months due to an accident, I either have to get their replacement while they are away or keep that replacement as a liability to replace this employee later. Can I replace the employee once they return after 3 months on the grounds of being unfit to fulfill job responsibilities?
From Canada, Vancouver
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During probation, no employer would extend any salary advance, whatever the ground. In this case, first of all, you have kept them (or him/her?) off travel abroad on medical grounds, and that too not of the employee but of his mother. Again, you have paid salary during the accident period. That was not needed if the accident was not while and during the course of duty. The employee should not have asked for an advance again. Now, it seems that the employee will not return after the leave, and you will be stuck and will not find a way out to get the money paid refunded by him. Therefore, reject the application for salary advance, stating that during probation, we cannot advance salary.
Now coming to the next question, the refusal of rights of an employee will make an employer bad, but the refusal of a privilege will not make an employer bad. Moreover, from my experience, what I have found is that privileges will always become a right. Once you give salary advance even to a probationer, everybody will ask for a salary advance. Remember that you will be running the show from overdraft from the bank and they charge interest, whereas the salary advance that you give will be interest-free. Therefore, there is nothing wrong in refusing a salary advance.
Once the employee resumes duty, you can give him an opportunity to show his performance, and if it is not up to the expectation, ask him to go. This should again be as per the contract of employment. For the time being, you will have to manage with some temporary appointment.
From India, Kannur
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4769Now coming to the next question, the refusal of rights of an employee will make an employer bad, but the refusal of a privilege will not make an employer bad. Moreover, from my experience, what I have found is that privileges will always become a right. Once you give salary advance even to a probationer, everybody will ask for a salary advance. Remember that you will be running the show from overdraft from the bank and they charge interest, whereas the salary advance that you give will be interest-free. Therefore, there is nothing wrong in refusing a salary advance.
Once the employee resumes duty, you can give him an opportunity to show his performance, and if it is not up to the expectation, ask him to go. This should again be as per the contract of employment. For the time being, you will have to manage with some temporary appointment.
From India, Kannur
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