Dear All,
There is case of one of our employee, you may say type of casual worker who has been engaged by us for our misc.work at one of our site, we are giving him a fix salary. due to some repeating misconduct we wish to kick him off from our end, mean time there is his doughter\'s marriage so he is going to leave but at the moment as we saying him to leave the job he is asking for 1month notice pay along with his leave,bonus.
So, kindly guide me, with ur valuable response. will i have to pay him as per contract lab act?, He is with us since April\'12 and we appointed him orally. There is no written correspondence between us.
Thanking you,
Balvant Dodiya
HR Generalist
+91 9998154707
From India, Anand
2There is case of one of our employee, you may say type of casual worker who has been engaged by us for our misc.work at one of our site, we are giving him a fix salary. due to some repeating misconduct we wish to kick him off from our end, mean time there is his doughter\'s marriage so he is going to leave but at the moment as we saying him to leave the job he is asking for 1month notice pay along with his leave,bonus.
So, kindly guide me, with ur valuable response. will i have to pay him as per contract lab act?, He is with us since April\'12 and we appointed him orally. There is no written correspondence between us.
Thanking you,
Balvant Dodiya
HR Generalist
+91 9998154707
From India, Anand
Since he has joined only in April 2012, you are not bound to pay any compensation. You can just ask him to leave or proceed on leave and when he returns you can just say that he does not have any work with you. But if he has been engaged without proper documents and statutory coverage like PF and ESI, please do settle the matter amicably by paying some compensation, say one month wages and get rid of him.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Thank you very much...
Still i am wondering that if person is not been engaged for 240 days in proceeding year and there is no written proof with him except a gate entry, is he eligible for one month notice pay?, obviously i am going to pay him leave & bonus as per norms. i have taken him in coverage of PF. ESIC is not applicable.. if he complains before honourable court can we come into the fault??
Also, i notice that i informed him to come down to take his dues at our head office Bharuch, since 12th December'12 but initially he denied and after words he agreed but still he hasnt come for the same. There may be any legal intention of him behind not coming??
I want to close his chapter as of now so, kindly reply me little faster...
Thanking you,
Balvant
From India, Anand
Still i am wondering that if person is not been engaged for 240 days in proceeding year and there is no written proof with him except a gate entry, is he eligible for one month notice pay?, obviously i am going to pay him leave & bonus as per norms. i have taken him in coverage of PF. ESIC is not applicable.. if he complains before honourable court can we come into the fault??
Also, i notice that i informed him to come down to take his dues at our head office Bharuch, since 12th December'12 but initially he denied and after words he agreed but still he hasnt come for the same. There may be any legal intention of him behind not coming??
I want to close his chapter as of now so, kindly reply me little faster...
Thanking you,
Balvant
From India, Anand
Dear Mr. Balvant Dodiya,
Mr. Madhu T.K. has directed accurately. If you have to close this issue you need to pay him certain amount of compensation as he was covered under PF benefits which actually means he is working for you. He will later have the right to claim. Therefore, finest option is he has no any written consent or documents supportive. You can soothe him by doing the above required for your company's benefit.
From India, Visakhapatnam
Mr. Madhu T.K. has directed accurately. If you have to close this issue you need to pay him certain amount of compensation as he was covered under PF benefits which actually means he is working for you. He will later have the right to claim. Therefore, finest option is he has no any written consent or documents supportive. You can soothe him by doing the above required for your company's benefit.
From India, Visakhapatnam
Ji ma'am,
Thank you very much, i realize joining this forum most important and its really the best option where we can clear our doubts and query. Its our pleasure to get better ideas from honourable persons like you.
Thank you very much once again..
Thanking you,
Balvant
From India, Anand
Thank you very much, i realize joining this forum most important and its really the best option where we can clear our doubts and query. Its our pleasure to get better ideas from honourable persons like you.
Thank you very much once again..
Thanking you,
Balvant
From India, Anand
Dear Mr. Balvant,
As you have been sufficiently advised by the worth member above, i would like to add one thing more. He is not eligible for one month notice pay as the same is not a statutory right. But yes, you need to pay him the bonus and the amount of leaves he has not availed but was entitled. It is also not advised to keep the money with you for long. You may probably pay him by Cheque and send the same to the address available with you.
Enclose a letter with it explaining the duration of his engagement and last day of his work as casual worker and with an advise to encash the cheque within 3 months from the date of issue. The letter should be in such a language which is understood by the employee as by your post i can make out that he might be some blue collar worker.
For any doubt or clarification please do revert.
From India, New Delhi
As you have been sufficiently advised by the worth member above, i would like to add one thing more. He is not eligible for one month notice pay as the same is not a statutory right. But yes, you need to pay him the bonus and the amount of leaves he has not availed but was entitled. It is also not advised to keep the money with you for long. You may probably pay him by Cheque and send the same to the address available with you.
Enclose a letter with it explaining the duration of his engagement and last day of his work as casual worker and with an advise to encash the cheque within 3 months from the date of issue. The letter should be in such a language which is understood by the employee as by your post i can make out that he might be some blue collar worker.
For any doubt or clarification please do revert.
From India, New Delhi
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