Dear all,
My friend, who happens to work in private company, has the following case :
1.) The employee joined the organization and left within 2 months.( Her notice period was for 2 months)
2.) The employee was provided with a resignation acceptance letter on his last working day.
3.) The employee was asked to leave the company within 2 weeks after her resignation and was relived from all her duties from the company.
4.) The employee got the no-dues certificate from various departments including accounts which has stated there is no advance recoverable from the employee.
Now can the employer during the Full and final settlement request a recovery from the employee in terms of
1.) Recovery of bonus paid
2.) Recovery of Notice period balance
Best Regards,
Karthika
From India, Madras
My friend, who happens to work in private company, has the following case :
1.) The employee joined the organization and left within 2 months.( Her notice period was for 2 months)
2.) The employee was provided with a resignation acceptance letter on his last working day.
3.) The employee was asked to leave the company within 2 weeks after her resignation and was relived from all her duties from the company.
4.) The employee got the no-dues certificate from various departments including accounts which has stated there is no advance recoverable from the employee.
Now can the employer during the Full and final settlement request a recovery from the employee in terms of
1.) Recovery of bonus paid
2.) Recovery of Notice period balance
Best Regards,
Karthika
From India, Madras
1.) Bonus paid under payment of bonus act can not be recovered under such grounds.
2.) If employee has fulfilled the notice period clause (2 months) mentioned in her employment letter then there is no question of recovery.
regards,
Kamal
From India, Pune
1732.) If employee has fulfilled the notice period clause (2 months) mentioned in her employment letter then there is no question of recovery.
regards,
Kamal
From India, Pune
Dear Sivaram,
1. Bonus would have been paid on pro-rata basic so it cannot be recovered.
2. Since the employee has joined 2 months back when she gave the resignation - from the date of resignation she has to serve 2 months, whether she has done it. If not the notice period recovery will be done by the employer for the days remaining.
From India, Mumbai
1. Bonus would have been paid on pro-rata basic so it cannot be recovered.
2. Since the employee has joined 2 months back when she gave the resignation - from the date of resignation she has to serve 2 months, whether she has done it. If not the notice period recovery will be done by the employer for the days remaining.
From India, Mumbai
Dear Sir,
Thanking you for the reply, I would like to know the following,
On not serving the two month notice period, the employee raised this issue with the senior HR manager stating he is willing to serve his full notice period(via email).
The HR manager confirmed the release is being done as per organization exit process.
The reporting manager signed a letter to the HR stating the employee can be released on a particular day .( The employee has a scanned copy of the same).
In such a situation where the organization has released the employee within the notice period time - is the employee still liable to pay the notice period buy-out.
If not does the employee has the option of joining the organization again to complete the notice period can she request for the same.
From India, Madras
Thanking you for the reply, I would like to know the following,
On not serving the two month notice period, the employee raised this issue with the senior HR manager stating he is willing to serve his full notice period(via email).
The HR manager confirmed the release is being done as per organization exit process.
The reporting manager signed a letter to the HR stating the employee can be released on a particular day .( The employee has a scanned copy of the same).
In such a situation where the organization has released the employee within the notice period time - is the employee still liable to pay the notice period buy-out.
If not does the employee has the option of joining the organization again to complete the notice period can she request for the same.
From India, Madras
Dear Karthika, Then no issues. The recovery will not be done if the management has accepted to relieve the employee before the notice period.
From India, Mumbai
From India, Mumbai
Thanks Shenbagarajan,
I spoke with my brother-in-law who happens to be attorney for a leading MNC,
He laughed at my question and said, in this situation i have no legal binding to oblige for any recovery request, further I am at a liberty to seek justice for harassment in case they persist such a request.
I thank you all for the quick response.
Karthika
From India, Madras
I spoke with my brother-in-law who happens to be attorney for a leading MNC,
He laughed at my question and said, in this situation i have no legal binding to oblige for any recovery request, further I am at a liberty to seek justice for harassment in case they persist such a request.
I thank you all for the quick response.
Karthika
From India, Madras
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How to Handle an Employee Resignation.doc