Dear seniors,
I work for a software company as an HR manager. We have received a legal notice from the labor department, sent by a former employee who worked as a software engineer. The claim is that her full and final settlement has not been completed, and the company has not provided her with the relieving and experience letters.
I have only been with the company for a month, and upon reviewing her file, I found that there are no proper documentations available. There are no dues from her, and we do not have her resignation letter.
Could anybody suggest how I should proceed now? What measures should I take, and whom should I contact?
Regards,
Kalpana
From India, Hyderabad
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I work for a software company as an HR manager. We have received a legal notice from the labor department, sent by a former employee who worked as a software engineer. The claim is that her full and final settlement has not been completed, and the company has not provided her with the relieving and experience letters.
I have only been with the company for a month, and upon reviewing her file, I found that there are no proper documentations available. There are no dues from her, and we do not have her resignation letter.
Could anybody suggest how I should proceed now? What measures should I take, and whom should I contact?
Regards,
Kalpana
From India, Hyderabad
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Dear Kalpana,
Do not worry. Firstly, you should go to the accounts department and check his payment status. Are there any payments, other than his salary? This will give you an idea about his status, and I am sure you will be clear about his full and final status.
Thanks,
Ranjit Samal
From India, Delhi
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3Do not worry. Firstly, you should go to the accounts department and check his payment status. Are there any payments, other than his salary? This will give you an idea about his status, and I am sure you will be clear about his full and final status.
Thanks,
Ranjit Samal
From India, Delhi
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Dear Kalpana,
Apart from the steps suggested by Ranjit, also ensure that you meet the concerned officer of the Labour Department. You can request a copy of the complaint letter along with the documents submitted by your old employee to the Labour Department. Normally, the Labour Department does not initiate any action in the absence of a written complaint from the employee. Also, please try to collect information about the employee as follows:
1. What was the designation of the employee?
2. What was the length of service of the employee?
3. Are there any adverse remarks about the employee?
4. Was the employee confirmed by issuing the confirmation letter?
5. Were any other employees reporting to him and working under him?
The above information will help you immensely in the future since the employee has approached the Labour Department.
From India, Mumbai
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Apart from the steps suggested by Ranjit, also ensure that you meet the concerned officer of the Labour Department. You can request a copy of the complaint letter along with the documents submitted by your old employee to the Labour Department. Normally, the Labour Department does not initiate any action in the absence of a written complaint from the employee. Also, please try to collect information about the employee as follows:
1. What was the designation of the employee?
2. What was the length of service of the employee?
3. Are there any adverse remarks about the employee?
4. Was the employee confirmed by issuing the confirmation letter?
5. Were any other employees reporting to him and working under him?
The above information will help you immensely in the future since the employee has approached the Labour Department.
From India, Mumbai
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Very good that employees have now started protesting against HR and not remaining mum. So many employees lose their PF and FF settlement because the HR is cruel.
Dear HR Manager,
Kindly settle the no dues of the employee ASAP, else there will be legal action against your company, and your company will plainly point fingers at you.
From India, Madras
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Dear HR Manager,
Kindly settle the no dues of the employee ASAP, else there will be legal action against your company, and your company will plainly point fingers at you.
From India, Madras
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Professional Advice on this:
Check with accounts for dues if any, be prepared to pay it (Not necessarily you have to pay). If no resignation letter is available, then the situation practically seems to be long absenteeism without information rather than resignation. Give a reply accordingly. However, check with staff members who worked with the said employee on the submission of the resignation letter and any other correspondence with the said employee. If you are working for an IT company, check with the IT Admin on mail backups of the erstwhile HR.
From India, Madras
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Check with accounts for dues if any, be prepared to pay it (Not necessarily you have to pay). If no resignation letter is available, then the situation practically seems to be long absenteeism without information rather than resignation. Give a reply accordingly. However, check with staff members who worked with the said employee on the submission of the resignation letter and any other correspondence with the said employee. If you are working for an IT company, check with the IT Admin on mail backups of the erstwhile HR.
From India, Madras
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Dear Ranjit, Manish, and Jalasayanam,
I'm so grateful to you. Thank you so much for your advice and opinions. I have checked with my accounts department; the employees' full and final settlement has not been completed. She has submitted her resignation to the HR Manager, which was also accepted by HR. The employee has served a 60-day notice period. Is there any way that we can speak to the employee directly and settle the issue out of the labor court, or should we attend as we have received the notice?
Regards,
Kalpana
From India, Hyderabad
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I'm so grateful to you. Thank you so much for your advice and opinions. I have checked with my accounts department; the employees' full and final settlement has not been completed. She has submitted her resignation to the HR Manager, which was also accepted by HR. The employee has served a 60-day notice period. Is there any way that we can speak to the employee directly and settle the issue out of the labor court, or should we attend as we have received the notice?
Regards,
Kalpana
From India, Hyderabad
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Now best you can do is pay the employee his F&F dues and the interest for delayed payment at the rate of 30%.
From India, Madras
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From India, Madras
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Dear Kalpana,
Without any complaint, the labor department cannot issue any kind of letter or notice against the company. So, you cannot deny any legal complaint. Simply work out her dues and what you have to pay in a proper manner. Prepare your authority letter to attend the labor office or contact your legal adviser if needed.
If she has served a notice for 60 days, what is the time period of notice as per your company? Please clarify her tenure of work. Has her service period been more than 1 year?
If you need further advice, please contact me at 8826100445.
Thanks,
Ranjit Samal
From India, Delhi
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Without any complaint, the labor department cannot issue any kind of letter or notice against the company. So, you cannot deny any legal complaint. Simply work out her dues and what you have to pay in a proper manner. Prepare your authority letter to attend the labor office or contact your legal adviser if needed.
If she has served a notice for 60 days, what is the time period of notice as per your company? Please clarify her tenure of work. Has her service period been more than 1 year?
If you need further advice, please contact me at 8826100445.
Thanks,
Ranjit Samal
From India, Delhi
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Hi,
If the documents like a resignation letter, no dues, etc., are not available in the personal file of that employee, then there is nothing to worry about the notice. Just prepare a reply along with the copy of documents available in the personal file and show it to the labor court, asking how you can do the full and final without having the required documents. If there are no issues against that employee, ask the employee to submit the required documents and then prepare the full and final settlement. It's better to resolve the case outside the court.
Thanks & Regards,
Ranveer
From India, Gurgaon
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If the documents like a resignation letter, no dues, etc., are not available in the personal file of that employee, then there is nothing to worry about the notice. Just prepare a reply along with the copy of documents available in the personal file and show it to the labor court, asking how you can do the full and final without having the required documents. If there are no issues against that employee, ask the employee to submit the required documents and then prepare the full and final settlement. It's better to resolve the case outside the court.
Thanks & Regards,
Ranveer
From India, Gurgaon
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