Salary & settlement for left employees
I need a clarifications that, whether we need to process of the staffs who left the job without information & not coming for duty after give intimation over phone just previous day .
What is the statutory / Legal obligations?
Rajesh
From India, Ernakulam
2I need a clarifications that, whether we need to process of the staffs who left the job without information & not coming for duty after give intimation over phone just previous day .
What is the statutory / Legal obligations?
Rajesh
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From India, Ernakulam
You can hold the salary of such employees until they come in person and do their final clearance by obtaining no objection certificates from different departments. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Dear Rajesh
There is a process which takes care of such issues . Moreover when there is a legal obligation you need to define and document the process such that nobody questions you in future . The basic process is :
1) you need to issue 1st letter immediately on behalf of the immediate superior that it has been informed by your immediate superior that you are absenting from your duties without any information from dt and hence you are advised to report within 3 days from the date of receipt of the letter ( Letter should be posted in registered post / speed post with AD )
2) Incase you do not receive any reply , issue 2nd notice refering the 1st letter within 15-20 days and mention incase you do not report to duty on the specified date it will be treated that you are no more intrested with the employement
3) Issue 3rd notice exactly in the same manner which should go within 2 days from the date of receipt of the AD and mention incase you do not report to duty on the specified date it will be treated that you are no more intrested with the employement and you will be terminated .
Please note to mention in all the letter that business is suffereing due to non authorized absence
After completion of this process you can take action accordingly prepare f/f settlement and what everdues are pending ( After all the deduction ) need to be send to the employee by cheque . If you wish the pending dues can be kept as unpaid salary but that is not the right way . Leagally you need to close the loop by f/f and paying the balance amount . Incase amount is due from the employee , I belive nobody will wait for clearance they will immediately prepare F/f and send notice to clear the dues . Please note dues clearnce is internal process . For any reason ( Medical etc) the employee may not be in a position to come and complete the process of settlement . Hence it is a legal obligation of the employer to complete the loop and terminate the employee in proper manner . Which is also a good practise . Rest all depend on what culture the Organization follows for such issue. Further to the above consultation with lawyer handling employee related issues is suggested .
Regards
Atul
Regards
Atul
There is a process which takes care of such issues . Moreover when there is a legal obligation you need to define and document the process such that nobody questions you in future . The basic process is :
1) you need to issue 1st letter immediately on behalf of the immediate superior that it has been informed by your immediate superior that you are absenting from your duties without any information from dt and hence you are advised to report within 3 days from the date of receipt of the letter ( Letter should be posted in registered post / speed post with AD )
2) Incase you do not receive any reply , issue 2nd notice refering the 1st letter within 15-20 days and mention incase you do not report to duty on the specified date it will be treated that you are no more intrested with the employement
3) Issue 3rd notice exactly in the same manner which should go within 2 days from the date of receipt of the AD and mention incase you do not report to duty on the specified date it will be treated that you are no more intrested with the employement and you will be terminated .
Please note to mention in all the letter that business is suffereing due to non authorized absence
After completion of this process you can take action accordingly prepare f/f settlement and what everdues are pending ( After all the deduction ) need to be send to the employee by cheque . If you wish the pending dues can be kept as unpaid salary but that is not the right way . Leagally you need to close the loop by f/f and paying the balance amount . Incase amount is due from the employee , I belive nobody will wait for clearance they will immediately prepare F/f and send notice to clear the dues . Please note dues clearnce is internal process . For any reason ( Medical etc) the employee may not be in a position to come and complete the process of settlement . Hence it is a legal obligation of the employer to complete the loop and terminate the employee in proper manner . Which is also a good practise . Rest all depend on what culture the Organization follows for such issue. Further to the above consultation with lawyer handling employee related issues is suggested .
Regards
Atul
Regards
Atul
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