Hi, We recruited a consultant who has worked for 5 years. Recently, he resigned. Two days before the resignation, he availed advance of Rs. 50K from the company. We are not aware that he will leave the company. It happened all of a sudden. The salary for the month worked was held by the company. Now the consultant wants us to settle the salary. But we denied it, and we told him to settle the advance. He is saying that he will go legally. Please guide us on whether the stand taken by us is right or if there any legal issues there
From India, Coimbatore
From India, Coimbatore
Hi,
What ever the outstanding amount due to be paid by the employee / consultant can be recovered /adjusted from the full and final amount payable to the concerned. Even if the Consultant goes legally you should have the proof for 50k transfer against which FFS was kept on hold. To be on safer side you can send a demand notice to the Consultant to settle the advance amount of Rs.50,000/-. If the FFS payable is more than 50 k then you many mention in the letter stating that " if you fail to settle the advance amount on or before____ then the same will be recovered from your FFS and balance amount alone will be paid "
One observation is that you claim that Consultant had worked for 5 years. Whether he had worked on full time basis as an employee or on retainer contract basis?. Reason being considering his 5 years continuous service there are chances of Consultant make a demand for Gratuity ?
From India, Madras
942What ever the outstanding amount due to be paid by the employee / consultant can be recovered /adjusted from the full and final amount payable to the concerned. Even if the Consultant goes legally you should have the proof for 50k transfer against which FFS was kept on hold. To be on safer side you can send a demand notice to the Consultant to settle the advance amount of Rs.50,000/-. If the FFS payable is more than 50 k then you many mention in the letter stating that " if you fail to settle the advance amount on or before____ then the same will be recovered from your FFS and balance amount alone will be paid "
One observation is that you claim that Consultant had worked for 5 years. Whether he had worked on full time basis as an employee or on retainer contract basis?. Reason being considering his 5 years continuous service there are chances of Consultant make a demand for Gratuity ?
From India, Madras
Dear Mr VM Lakshmi Narayanan,
Thanks for your reply. You were not seen for some time on this forum. Nice to see you back. Your replies are always authentic and to the point. Indigenousness is their hallmark.
Forums like Citehr grow when the members contribute intellectually, not when they reproduce the text from another source.
Notwithstanding a break, I look forward to your replies to the queries.
Thanks,
Dinesh Divekar
From India, Bangalore
Thanks for your reply. You were not seen for some time on this forum. Nice to see you back. Your replies are always authentic and to the point. Indigenousness is their hallmark.
Forums like Citehr grow when the members contribute intellectually, not when they reproduce the text from another source.
Notwithstanding a break, I look forward to your replies to the queries.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr.Dinesh,
Thanks for your compliments !
Yes there was a gap due to some busy schedule !
Encouragement from experienced and highly knowledgeable senior contributing members like you inspires me a lot.
Thanks
From India, Madras
Thanks for your compliments !
Yes there was a gap due to some busy schedule !
Encouragement from experienced and highly knowledgeable senior contributing members like you inspires me a lot.
Thanks
From India, Madras
Our seniors have already suggested that if you have proper proof, you can send a letter for settlement. This kind of incident serves as a learning experience for us. It is important to keep reviewing, clarifying, and improving our policies to minimize such occurrences in the future.
From India, Mumbai
From India, Mumbai
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