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CAn Employee joined around 15th feb, 2025. Took two days of bereavement leave on 4th April (Friday) and 5th (Saturday) or supposed death of grandfather which was granted immediately. Subsequently employee showed up on Monday, we asked about his mental health and family. He mentioned that his Grandmother is in shock from the grandfather’s death and has been admitted in the ICU, within 30 minutes of having this conversation he left for home saying grandmother had passed away as well. Now, please note this was 7th April, when Salaries get credited, we suspected something fishy and didn’t credit the salary and thought of waiting for two days until he returns. This guy does not inform anything so we do the formality of sending him condolence message on 9th April and mentioned he can let us know how much time he needs. This Guy, on the 10th decides to finally revert to our text as he only wants his salary and does the formality of texting saying he’d return on 14th April as he needs to visit his village for final rites, and ends the text asking for the salary. We decided to wait till 14th so that he returns to work and we credit his salary. It’s 16th and he’s still not returned. He has not even bothered to text regarding this which clears our suspicion of him absconding fron work and all the deaths being a mere excuse because if it was true he would have at least texted regarding the absence. This was a clear attempt to leave the job on 7th as the salaries get credited. Now, we are not interested in even doing the formality of asking him to return as he’s only going to be a menace and we also don’t intend to pay him for this non sense because the agreement mentioned a clear lock in period and that the company is not entitled to pay if the employee contravene a provision of his agreement. Please share your thoughts on not paying him considering the given scenario?
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DIf he doesn’t have the morality or ethics to inform you of absence of more than 2 months, you dont need to pay him anything.
NAL Speaking from a legal standpoint, you may need to pay him salary for the days he was present in the office
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PNo, he isn’t absent since 2 months, he joined two months ago. I think you misread. Also, the agreement mentions that we are entitled to seek compensation from the employee if the employee contravenes the terms that directly cause us a loss and this has quite frankly affected our books as this is a Manager we’re talking about and has a lot of company data and client information. Are we still entitled to pay considering the aforesaid?
Don’t know if it helps but the said employee is GenZ
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UYou need to give him benefit of doubt. Death of close family members in such short gap is traumatic. He might not be in a state to respond or there might not be good network in his village, his phone might have got misplaced or damaged, he might be running around with all the rituals (which really messes up the priorities when functioning in a shocked state)
You could hold back partial salary and release it when he returns.
Or you could ask him to send you the death certificates of his grandparents to enable the release of the full salary. Check the certificates on the government website for authenticity.
You terminating him in such a situation might just be a massive added blow to an already traumatised person.
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PI think your reply stems from an emotional place. We have a legally binding agreement in place and I’m only looking for legal advice as per the Contract I’m even entitled to sue, if it deems fit. Our employee agreement is already drafted by a lawyer.
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LThe contract is not enforceable. Lawyers in India does seem to love them but in fact they are not enforceable as indentured labour is illegal in India. Any employee may leave a job any time with or without resignation, and cannot be compelled to work without their wishes. Notice period is a courtesy and not the right of any organisation. As such You will have to pay him the salary, minus any amount you spent on training him.
You can legally withhold his experience certificate or give him a bad review in the experience certificate. That is your right. But you can’t hold on to his salary. At this moment what you can do is terminate him on the basis of repeated non communication and repeated instances of not showing up for work without prior notice or intimation after the fact. But you will have to pay him the full and final settlement till his last working day.
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DDrafting just doesn’t cut the deal, you freeloading imbecile prick. The offer has to be made, and accepted by both the parties in a complete legal capacity and signed.
Without which the laws for unjust enrichment apply.-
PI hope you realize that it’s a signed contract duly executed by both parties and the said contract in question has been drafted by a laudable advocate. What exactly are you trying to achieve here considering all you do is send chat gpt responses? At least get basics of the Contract Law right considering you’re in your penultimate or final year. An internship would truly be the way to go for uneducated Chatgpt lad like you.
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DAh, the irony. First, you mock me for using chatgpt, as if logic becomes invalid when written in proper English. And then, in the same breath, you glorify a “laudable advocate” and a “signed contract,” which, incidentally, is exactly what I was pointing out.
Tell me, is it the content that bothers you, or the fact that it sounds more coherent than whatever you’re trying to pass off as an argument? Maybe next time, coordinate your contradictions before launching into your ultra-expert level keyboard outrage. At least try harder—consistency would be a good place to start.
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ELegally speaking you need to issue the termination letter as soon as possible stating the exact reason for the same. Moreover since he worked on for 2-3 months then probably he might be on probation (if it’s included in the employment contract). And lastly in some contracts there is a necessity to serve notice or period or pay a fine so I think you should act according to the termination clause in the contract.
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ESee this is not legal advice here. If you want I can go through your contract and let you know in detail. Otherwise the general rule here is that the termination should be in accordance with the contract and it will not be questionable if the employment contract is in line with local State law(yes few of the labour law labour and employment policy differ from state to state). Hope this helps.
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DIt is the legal and ethical responsibility of an employer to uphold the rights and entitlements of its employees as per the terms laid out in the employment contract and prevailing labor laws in India.
If an employee is entitled to bereavement leave, it is well within their legal rights to avail it. Further, any additional leave taken from the employee’s accrued leave balance also remains within the scope of lawful entitlement. Arbitrary objections or punitive actions taken against the employee in such cases amount to a breach of contract.
Wrongful withholding of salary and subjecting an employee to mental harassment constitute serious violations under the *Industrial Employment (Standing Orders) Act*, *Payment of Wages Act*, *Law of Torts* and relevant provisions of the *Bharatiya Nyaya Sanhita (BNS), 2023* pertaining to unlawful restraint, coercion, and mental cruelty. The employee reserves full right to initiate legal proceedings against the organization for such unlawful conduct and may seek monetary compensation for damages and distress caused.
It must be reiterated that an employee is not the personal property of the organisation. Any attempt to treat them as such or impose exploitative conditions not agreed upon contractually may attract judicial scrutiny.
Should this matter escalate, a thorough legal investigation may be pursued, including but not limited to the background of the company, compliance with employment laws, treatment of past and present employees, and the conduct of its promoters. If found in violation, the organisation may be liable for penalties, compensatory damages, and reputational harm.
This serves as a formal caution and a reminder that all actions must align with the applicable laws of the Republic of India.
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PThis sounds like it’s drafted by chatgpt. You’re not even an advocate. Please keep such chatgpt responses to yourself. Our lawyers have reverted and have advised to to abide by our contract which is legally binding in a court of law, you’re free to inform chatgpt as well lol.
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PLol never heard of second or third opinion? You’re the one sending chatgpt responses as if nobody would catch on to it. At least try harder next time.
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DInstead of throwing such juvenile tantrums, why don’t you share the employment agreement that was signed with your employee?
After which you will also get to know whether I’m an advocate or not.
As far as the chatgpt responses are concerned, let’s see what the judicial authorities and the folks on linkedin have to say about it.
I promise that I won’t take any sides.-
PDang, I gladly would! Please share your LinkedIn profile and License number so that I can cross vetify your claim as posing as an advocate is an offence under the Advocates Act.
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DInteresting how a simple request for an employment agreement was met not with clarity, but with an immediate leap into theatrics about LinkedIn profiles and license numbers. That level of deflection would be impressive, if it weren’t so transparent.
If your argument had any weight, you wouldn’t need to hide behind faux-legal outrage. But by all means, continue posturing. I’ll be here, still waiting for the document that could’ve ended this conversation five replies ago.
Until then, your energy might be better spent brushing up on the actual provisions of the Advocates Act, starting with the part where it doesn’t criminalize asking questions you are clearly uncomfortable answering.
In the meantime, I’ll just wait here with the original question which by the way is still unanswered, by the way.
No rush. I’m sure the theatrics are far more important than, you know, facts.
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SHow can you stop the salary for the previous month when he has performed his duties and showed up.
You not paying for the days he showed up in April – makes a lot of sense and arguably legal (still gray area)You not paying for March is straight up illegal
Yes you need to terminate him and clearly state there performance issues or attendance issues or professionalism issues – as termination without cause and without notice period also invites a penalty
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PSince you’ve mentioed it’s illegal, could I please know which law are you attracting here? (Genuine query) also, our contract clearly mentions we are not entitled to pay if the employee contravenes the terms of his employment, so I don’t quite understand how it’s illegal and under which law?
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PNot a lawyer but it’s highly unlikely that such a clause will be enforceable in court.
Because employer has to pay employees even if they have worked for one day. Though you may recover any amount you have spent on the training of the employee in such cases but withholding salary might not be the way.
Do you have a dedicated legal team? How did you draft these legal terms?
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SBrother/sister/person – contracts work under the ambit of prevailing laws of the land.
Like for example i can have a duly signed and notarized contract stating that any violence that occurs between us is mutual, consensual and agreed upon and we indemnify each other and hold the promise of not involving the cops and the government or any other third party within our dispute.
Such a contract is invalid and unenforceable by law – even if both parties consent to it.Even if your employee is under such a contract doesn’t allow you to do illegal things like stopping salaries for the month he did actually work in.
You need to terminate with cause as a termination without notice and without cause also invites certain regulation.
What you will be violating is several laws – the industrial disputes act, payment of wages act, violation of article 21 and 23 of the constitution. In sure there was some other provisions I am missing at this point.
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BI hope God puts you through the very problem and someone doesn’t pay you your salary. Arey, an employee says he had a death in the family and your reaction was to hold salary only because he came in on salary day? So what he comes on salary day? Pay him his salary man and mark him awol. Geez, never held a management position before, have you?
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