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Can a company who has defaulted in payment of salary for 2 or more consequitive months to a managerial employee, terminate employee quoting absence as absconding ? If the employee has been discharging his duties through team management, delegation and supervision by telephone and or WhatsApp, though he is physically not present due to lack of resources arising out of non payment of salary by employer, can he be termed as absconding and terminated without any notice or enquiry ?
Answers 2
The fact is that employee was absent from his job and did not attend his office so company was within its right to terminate the services of such employee.
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Does the fact that salaries for previous 3 months is unpaid have no bearing in the matter The employee is a AGM level employee and has essentially a supervisory and KRA. In the past also physical presence has not been re1uired on a day to day basis. The abscence is directly attributed to lack of resources on account of non payment of accrued salaries.
Were you exempted by the company from attending the office? If yes, then act on part of company terminating the employee is not justified and if there is no communication then company has rightly terminated the services. Employee does not vest with any power to decide as to whether he requires to attend the office or not. It is as per office culture and rules. Your justification is unjust and baseless. Even director of company has to keep his higher ups and atleast PA informed about his whereabouts and attendence in office so there is no excuse or liberty for AGM which is below middle level management stature.
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