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Dear Friends,

I'm caught in a big problem. I have recently changed my job & have been appointed to setup the HR Department in the organisation.

There was an employee who had joined us & left the organiastion without any notification from his side. He was about to complete a year in our organisation.

He was also asked by the management to give all the records (he was into Marketing Dept.), but nothing was clearly stated to him to leave the organisation or not.

He claims that as the management had asked him to give all the records, he thought they are asking him to quit. Also, he was asking for a rise in between terms, which the management had rejected for.

So, is he eligible to get the pay for a month as notice period?? He was not reporting to the office also he did not inform anyone about the same too.

As far as normal policies are concerned, there should be a months notice period from either of the side of 1 months salary in lieu thereof.

I'm really confused about the same. Kindly help me out.

Also, let me know according to which act or policy the action to be taken.

From India, Pune
Dear nick18_in (It always good to mention your name at the end, we will know whom are we responding to),
It is normal contract issue. since he has not rendered resignation, send a show cause notice asking him to explain his long absence and ask why you should not terminate him from the service. Give a gap of 15 days. Send termination notice with demand to return all company belongings whatever he has carried and to settle accounts. Send all letters over registered letter acknowledgement due.
You may ask if you need more help.
Dattatri
Company Secretary

From India, Bangalore
Dear nick18_in (here, I too would suggest you mention your name),
Going through your posting, one thing immediately strikes me, which is this is a typical case of gross miscommunication and misunderstanding on both the employee and the employer ends.
What I would suggest you us to do is first talk to his reporting manager about his performance and whether the particular employee would be welcome back on his job. Then, call the employee to the office to talk it over alongwith his reporting manager to clarify the things. If both sides are okay, then you can ask him to submit a leave letter for the period he has been absent and either you can pay for the period with your management's approval or explain to the employee that since the misuderstanding started from his end, he would have to forfeit the pay for the period he was absent.
Hope this clarifies your query. Also, would be great if you could post to the forum on how the problem was actually solved.
Warm Regards,
Samba Siva.

From India, Hyderabad
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