Will an employee who goes on leave without informing get salary or not? In which cases there is exemption, Supreme Court gave a big decision
Salary Structure: Employed people often take leave from work, which is their right. However, some employees sometimes go on long leave without informing them due to work pressure or the company’s environment. However, sometimes employees stay away from office for a long time due to personal reasons, health problems or other circumstances. But, in such a situation the question arises whether one will get salary for taking leave without informing or not?
Recently an employee was asked to be reinstated to work with outstanding salary, which was the decision of Allahabad High Court and Labor Court, but now the Supreme Court has canceled this decision. The court has rejected the decision to reinstate the employee.
You will not get salary if you take leave without informing
Rejecting the decision of the Allahabad High Court as well as the Labor Court, the Supreme Court said that the employee who remained absent from work without prior notice and permission and could not prove his claims cannot be given relief. The bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeal of M/s Refilis Engineering Private Limited and rejected the claim of employee Arjun Gupta. The decisions of the Labor Court and Allahabad High Court were rejected because both the courts had made a mistake without any concrete evidence.
When can the company stop salary?
If seen, companies can withhold salary in some cases if you go on long leave without informing. You must inform your staff before taking leave. If you have taken a long leave to travel and did not inform the company, then your salary can be withheld. At the same time, your salary can be stopped even if you join another company without serving the notice period. However, the company can provide relief in case of some medical problems or in case of any problem in the family.
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