Hi
One of our newly hired employees has worked only for 22 days and asked to leave the company due to serious misconduct and misbehavior.We have asked him to resign rather than terminating.Now he is approaching us for his Full and Final settlement for the days worked.
Would it be illegal to hold his salary even on the grounds of such gross misconduct?
What do you suggest on moral grounds?
( employee was on probation period)
Regards,
SV
From India, Delhi
One of our newly hired employees has worked only for 22 days and asked to leave the company due to serious misconduct and misbehavior.We have asked him to resign rather than terminating.Now he is approaching us for his Full and Final settlement for the days worked.
Would it be illegal to hold his salary even on the grounds of such gross misconduct?
What do you suggest on moral grounds?
( employee was on probation period)
Regards,
SV
From India, Delhi
if you have a written warning letter for his seriuos misconduct than you have a plus point but this letter has duly signed.
if you have letter than you have a option to say that employee has misconduct in company and this is the reason for salary hold.
this letter is enough for labour court for salary hold.
From India, Mumbai
if you have letter than you have a option to say that employee has misconduct in company and this is the reason for salary hold.
this letter is enough for labour court for salary hold.
From India, Mumbai
Dear SV
By saying misconduct by your good self will not amount to be a misconduct.there is a procedure for inuring misconduct and it is very lengthy process.first you have to issue him charge sheet than domestic enquiry than termination if charge is proved in enquiry.after doing all formalities of termination also you can not hold his salary.
in my view donot go for all these things and if you donot like him terminate his services as he might be on probation and pay full and final to him.DFonot stop his dues better to pay his dues even without resignation /termination.it is a salary and you are bound to pay him .
From India, Delhi
167By saying misconduct by your good self will not amount to be a misconduct.there is a procedure for inuring misconduct and it is very lengthy process.first you have to issue him charge sheet than domestic enquiry than termination if charge is proved in enquiry.after doing all formalities of termination also you can not hold his salary.
in my view donot go for all these things and if you donot like him terminate his services as he might be on probation and pay full and final to him.DFonot stop his dues better to pay his dues even without resignation /termination.it is a salary and you are bound to pay him .
From India, Delhi
Dear
As Suggested by my friend SHARANFARMANA it absolutely not justified.There is a term called principle of natural justice where accused is given opportunity to defend himself.you are are telling that so and so has done misconduct but you have to give him opportunity to defend himself and that can be given domestic enquiry.even after conducting domestic enquiry,found guilty and terminated his services you can not hold his salary.
if somebody found guilty of any misconduct there are punishment defined in certified standing orders .
From India, Delhi
As Suggested by my friend SHARANFARMANA it absolutely not justified.There is a term called principle of natural justice where accused is given opportunity to defend himself.you are are telling that so and so has done misconduct but you have to give him opportunity to defend himself and that can be given domestic enquiry.even after conducting domestic enquiry,found guilty and terminated his services you can not hold his salary.
if somebody found guilty of any misconduct there are punishment defined in certified standing orders .
From India, Delhi
Do not hold his salary. Since he has worked for only 22 days (assuming he is on probation), terminate his employment and give the notice pay and full and final settlement.
It may be a serious misconduct from your point of view, you as described above by your learned members, you have to give him opportunity to defend himself by conducting domestic enquiry.
From India, Kolkata
It may be a serious misconduct from your point of view, you as described above by your learned members, you have to give him opportunity to defend himself by conducting domestic enquiry.
From India, Kolkata
Dear SV,
He was a probationer and during his very short stay even as a probationer he committed some grave misconduct proving his unsuitability and at your instance he gracefully put down the papers fearing the otherwise ignominious exit of dismissal. There ends the matter. The unwanted or unsuitable employee was thus got rid of and even after this, holding the salary for the days he worked is adding insult to injury. My suggestion, therefore, would be leaving the issue as graceful as it is rather than making it ugly otherwise for the simple reason that probation does not fetter the due process of law to deal with an erring employee.
From India, Salem
He was a probationer and during his very short stay even as a probationer he committed some grave misconduct proving his unsuitability and at your instance he gracefully put down the papers fearing the otherwise ignominious exit of dismissal. There ends the matter. The unwanted or unsuitable employee was thus got rid of and even after this, holding the salary for the days he worked is adding insult to injury. My suggestion, therefore, would be leaving the issue as graceful as it is rather than making it ugly otherwise for the simple reason that probation does not fetter the due process of law to deal with an erring employee.
From India, Salem
Dear Reader, Even in the jail, and undertrial who works for earning his livelyhood cannot be denied his / her wages actually he/ she has earned by putting his / her labour. Therefore any person a labour or an employee who has worked for even a single day has to be paid his / her earning within next 24 working days, else as an employer you, yourself has committed violation of payment of wages act.
From India, New Delhi
From India, New Delhi
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Full n final settlement.doc
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