Dear All, I want to know that company is liable to pay compensation if person has worked for 3yrs. if yes than how much regards Deepak
From India, Delhi

Dear Mr. Deepak Thapliyal,

Your query is not clear. Is the employee still in service or has left the service on his own, or was he dismissed from service, etc.? Please furnish full information.

With regards

From India, Madras

Sir,

He has left the service on his own and is now working under a contractor's payroll for the last three months. Prior to that, he was a casual employee (without any role). Now, he has filed a case and is demanding compensation, notice pay, etc.

From India, Delhi

Dear Mr. Deepak Thapliyal,

When the worker left on his own, did he give his resignation? Is the contractor working for your company? Prior to what date was he working as a casual? How did the casual employment come to an end? Please furnish information.

From India, Madras

Sir,

He has not given any resignation. Yes, the contractor is still working for our company. Until 30th November, he was working as a casual (without any benefits like PF, ESIC, etc.). Then, we put him on a contractor role.

From India, Delhi

Dear Mr. Deepak,

Your query is still unclear. However, as he left on his own and did not submit a resignation, and if you did not take disciplinary action for his absence from work, he may claim that he was refused employment and demand either reinstatement or compensation.

With regards,

From India, Madras

How to do full and final settlement calculation as well as if terminate to employee on any reseon, then how to do it’s full and final calculation, please explain me.
From India, Mumbai

Dear Pradeep,

In the event an employee resigns, the full and final settlement shall include:
1. Unpaid salary for the current month,
2. Accrued leaves up to the resignation date,
3. Gratuity entitlement if the employee has completed 5 years of service,
4. Unpaid bonus up to the resignation date.

In the event an employee is legally retrenched, the full and final settlement shall include an additional compensation of 15 days' salary per year of service, along with one month's notice pay if the notice period has not been served.

Regards,
KIRAN KALE

From India, Kolhapur

Dear Deepak,

I have gone through all your queries and found that the case is very critical. If you are an HR person, you cannot say that the person is not on the muster roll and the like. You have to find out the exact remedy for it. If a workman has filed a complaint against your company under sec. 2A of the ID Act, then you have to address it. Just call him back to his post immediately and put his name on the muster roll. This way, you can tackle the problem. Otherwise, without any record or evidence to this effect, you cannot achieve the goal.

Regards,
KIRAN KALE.

From India, Kolhapur

Sir, Thank you sir for giving me valuable information Actually our company has shifted from one place to another. and he is not willing to join us regards Deepak
From India, Delhi

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