Hello HR folks, I have one query related to fnf.
Our company has two employees who have resigned, but management is not ready to release their fnf for some reason. Please see the employee descriptions below.
1. The first employee resigned and served a 60-day notice period but was unable to provide a proper handover. At his end, a number of things are pending. He was demand on getting the release, so management granted him permission with the condition that he support those specific projects when needed. One client fined the company around 3-4 lacs for project delays caused by him. However, that employee did not support and is now requesting fnf. Management is unwilling to release his fnf. He is now following up on the fnf on a regular basis.
2. The second employee was asked to put down the paper due to his poor performance. He resigned and completed the exit process correctly. Now, he is following up on FnF, and management is refusing to release his FnF, claiming that he did not perform. He worked in sales and was unable to generate revenue for the company as a result of the refusal to process his FnF. Management wants that both of them be served with legal notice for the company's financial loss.
Both ex-employees are following up on the fnf. Please advise me on what I should do in both of these situations.
Is it possible for an employee to take action against the company for FNF?
What steps should I take to resolve this problem?
From India, Bardoli
Our company has two employees who have resigned, but management is not ready to release their fnf for some reason. Please see the employee descriptions below.
1. The first employee resigned and served a 60-day notice period but was unable to provide a proper handover. At his end, a number of things are pending. He was demand on getting the release, so management granted him permission with the condition that he support those specific projects when needed. One client fined the company around 3-4 lacs for project delays caused by him. However, that employee did not support and is now requesting fnf. Management is unwilling to release his fnf. He is now following up on the fnf on a regular basis.
2. The second employee was asked to put down the paper due to his poor performance. He resigned and completed the exit process correctly. Now, he is following up on FnF, and management is refusing to release his FnF, claiming that he did not perform. He worked in sales and was unable to generate revenue for the company as a result of the refusal to process his FnF. Management wants that both of them be served with legal notice for the company's financial loss.
Both ex-employees are following up on the fnf. Please advise me on what I should do in both of these situations.
Is it possible for an employee to take action against the company for FNF?
What steps should I take to resolve this problem?
From India, Bardoli
Dear Jyoti Kotwal,
Comments on each case are as below:
Case 1: - Employee after putting in the papers had a 60-day notice period. If there was a shortfall in his work, then what his manager was doing? Why the employee was not served with a warning letter? In fact, as long as the employee is on the rolls of the company, he/she is expected to serve the company diligently and faithfully. For the lapses if any, he should should have been served with a show-cause notice. Far from it, your management allowed him to separate. Now, if he asks for his legitimate dues, what is wrong with it? Yes, there was a lapse on the part of the employee but so was his manager and management itself.
Case 2: - Each employee is eligible to get the salary and wages till his/her last working day. Under the provisions of which law or act the management wishes to withhold the salary of the employee. For his under-performance, the management has given him the highest punishment which is termination from the service. Over and above this punishment, why does management wish to give him one more punishment? Indian jurisprudence allows only one punishment for one offence. No law permits this. Advise your management to release his salary immediately.
Thanks,
Dinesh Divekar
From India, Bangalore
7881Comments on each case are as below:
Case 1: - Employee after putting in the papers had a 60-day notice period. If there was a shortfall in his work, then what his manager was doing? Why the employee was not served with a warning letter? In fact, as long as the employee is on the rolls of the company, he/she is expected to serve the company diligently and faithfully. For the lapses if any, he should should have been served with a show-cause notice. Far from it, your management allowed him to separate. Now, if he asks for his legitimate dues, what is wrong with it? Yes, there was a lapse on the part of the employee but so was his manager and management itself.
Case 2: - Each employee is eligible to get the salary and wages till his/her last working day. Under the provisions of which law or act the management wishes to withhold the salary of the employee. For his under-performance, the management has given him the highest punishment which is termination from the service. Over and above this punishment, why does management wish to give him one more punishment? Indian jurisprudence allows only one punishment for one offence. No law permits this. Advise your management to release his salary immediately.
Thanks,
Dinesh Divekar
From India, Bangalore
If these employees were not under a managerial role, then you should pay the salary immediately failing which they can approach legally. On the other hand, if they were under managerial capacity, then you can hold it but letting them know why the salary and other benefits payable are kept on hold.
If the F&F includes gratuity payable, both the categories of employees can file a suit for recovery of the amount, if the payment is delayed beyond 30 days of their exit.
From India, Kannur
If the F&F includes gratuity payable, both the categories of employees can file a suit for recovery of the amount, if the payment is delayed beyond 30 days of their exit.
From India, Kannur
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