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Employment Law/Salary release for working days of an absconding employee

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Question
Dear Sir,
I am working as HR for a startup in e-commerce, recently an employee went on sick leave and was suppose to join us back on 26th March 2016 . but anyhow he dint join us back on the said date and also he never updated anyone in the office about the same.

I send him a waring mail about his casual behaviour , he then joined us back on 31st March 2016.

1.Can we consider him as absconding employee.
2.If considered absconding - can we hold payment for number of days he worked in month of March 2016.
3. If we will hold his salary then also,for how many days can we hold the same ( any limit on same) .


Looking forward for your support in the same .

Many Thanks & Regards ,
Chetna Chaudhary

Answer
Dear Chetna,

Hope you're doing good.

Please make a habit of sending absconding notice at the employees' both present and permanent address through speed/registered post only if he is absent for more than seven days. This will help you.

Please answer following to answer your questions:-

1. Your city and state
2. Did he submit a medical certificate upon return

warm regards,
Umesh Chaudhary

Employment Law

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Umesh Chaudhary

Expertise

Any question related to HR processes, legal compliance of labour ONLY in India

Experience

Over 12 years in the field of Human Resources, industrial relations, labour laws and administration

Publications
1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent http://milagrow.in/k-solutions/newsletters/interview/people-challenges-how-retain-talent 3. Management & Human Resource http://blog.globalbx.com/2009/01/04/management-human-resources/

Education/Credentials
MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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