If an employee is terminated due to any reason in our case its non-performance then in FNF reason needs to be mentioned as DOJ is April 26th 2021 and DOL (terminated on) December 6th, 2021 (Total 7 months) or can we give a normal FNF letter like we give to all other employees who resign after serving the notice period.
From India, Mumbai
From India, Mumbai
It is your choice whether the employee gets a normal F&F or one specifically stating she has been terminated.
From India, Mumbai
2392From India, Mumbai
It is not clear whether the organization has been given reasonable opportunity to the employee to improve upon his/her performance related issues. Even after providing reasonable opportunity, the concerned employee has not been able to improve performance level, then better to ask for resignation which is better for both employer and employee.F & F should be as per policy of the organization without depriving the employee. No need to serve the notice period if the employee had been allowed time to improve performance level earlier.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
Dear Colleague,
As rightly guided by our Colleagues:
Add:
- Kindly ensure you had given all reasonable opportunity to the employee to improve performance. Given adequate opportunity to explain his/her side for the performance challenges. If you have done that during the said time period mentioned by you it is not correct to mention " performance gap".
If y0u had supported / provided every opportunity and have sufficient records to prove, then if you once far all decided to conclude the services on performance ground, the as a win win:
- Issue a separate letter briefing the performance gaps and mention that the employee will be relieved from service on this ground.
- But in the F&F and relieving order do not mention anything adversely which might impact the future employment of the employee. You may do normal reliving as you have documented in a separate letter to safeguard the interest of the management
From India, Chennai
As rightly guided by our Colleagues:
Add:
- Kindly ensure you had given all reasonable opportunity to the employee to improve performance. Given adequate opportunity to explain his/her side for the performance challenges. If you have done that during the said time period mentioned by you it is not correct to mention " performance gap".
If y0u had supported / provided every opportunity and have sufficient records to prove, then if you once far all decided to conclude the services on performance ground, the as a win win:
- Issue a separate letter briefing the performance gaps and mention that the employee will be relieved from service on this ground.
- But in the F&F and relieving order do not mention anything adversely which might impact the future employment of the employee. You may do normal reliving as you have documented in a separate letter to safeguard the interest of the management
From India, Chennai
Former Employee saying that he will collect fnf cheque when he is available what if 3m passes away and cheque gets expire will it be company responsibility to reissue new cheque. Former employee can't remove 1hr from his schedule and attend fnf
From India, Mumbai
From India, Mumbai
Dear Colleague,
Keep that expired cheque for your records. Prepare a fresh cheque. If all dues are collected from the employee, then send the cheque by post under Registered post or do the F&F by on-line credit. There ends the job. Keep records for your reference and for any litigation later you may produce this. Company will have thousands of other jobs than to follow some one for his F&F. In case the previous bank account was closed or if the cheque is also returned back undelivered, then deposit the same to the Labour Authority who is having jurisdiction under Payment of Wages Act with details of employee and other particulars in a clear letter. There ends our job as required by Law.
From India, Chennai
Keep that expired cheque for your records. Prepare a fresh cheque. If all dues are collected from the employee, then send the cheque by post under Registered post or do the F&F by on-line credit. There ends the job. Keep records for your reference and for any litigation later you may produce this. Company will have thousands of other jobs than to follow some one for his F&F. In case the previous bank account was closed or if the cheque is also returned back undelivered, then deposit the same to the Labour Authority who is having jurisdiction under Payment of Wages Act with details of employee and other particulars in a clear letter. There ends our job as required by Law.
From India, Chennai
Sayali
This is 2021.
Why are you making a cheque and asking him to collect it?
You are asking why he can't take an hour to come and settle it, but to me it would look like you are specifically harassing him. You want him to take time off from his current (new) employment, then travel (what ever time it takes him) to come and collect his FNF
Either he is not bothered with your amount or he does not have the time.
What stops you from :
a. couriering the cheque (with proof of delivery obtained)
b. asking him for his bank details (which you should actually already have) and remitting the money in NEFT / RTGS ?
In either case, you can always send a WhatsApp or email to him informing him of the action taken and informing him that since he has not come, this is the basis of FNF and its the final settlement?
It would be a simple thing to do
From India, Mumbai
This is 2021.
Why are you making a cheque and asking him to collect it?
You are asking why he can't take an hour to come and settle it, but to me it would look like you are specifically harassing him. You want him to take time off from his current (new) employment, then travel (what ever time it takes him) to come and collect his FNF
Either he is not bothered with your amount or he does not have the time.
What stops you from :
a. couriering the cheque (with proof of delivery obtained)
b. asking him for his bank details (which you should actually already have) and remitting the money in NEFT / RTGS ?
In either case, you can always send a WhatsApp or email to him informing him of the action taken and informing him that since he has not come, this is the basis of FNF and its the final settlement?
It would be a simple thing to do
From India, Mumbai
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Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx