Dear Seniors,
When an employee, who is part of the company's payroll and registered with EPF and ESIC, unexpectedly resigns without adhering to the notice period of 90 to 120 days outlined in their appointment letter and does not conduct a proper handover, the employer may encounter a situation where the employee seeks payment for 8 to 10 days of salary after a period of 90 days. What actions should the employer take in this case?
Regards,
Sidharth
From India, Varanasi
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When an employee, who is part of the company's payroll and registered with EPF and ESIC, unexpectedly resigns without adhering to the notice period of 90 to 120 days outlined in their appointment letter and does not conduct a proper handover, the employer may encounter a situation where the employee seeks payment for 8 to 10 days of salary after a period of 90 days. What actions should the employer take in this case?
Regards,
Sidharth
From India, Varanasi
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This employee (as he is covered by ESI Act and would be getting only wages below Rs. 21,000) seems to be an employee not having any supervisory or managerial roles but is a workman coming under the scope of the Industrial Disputes Act. How can you make a contract with such a low-paid, low-level worker with a notice period of 90 to 120 days (!)?
You should know that in respect of a workman no notice period applies whereas the employer is under legal obligation to give notice, that too one month in the case of an establishment employing less than 100 persons and three months in the case of 'factories' employing more than 100 workers. As such, you cannot ask an employee to serve notice before he leaves and forfeit his salary. Therefore, if he is asking for the wages for the days he has already worked, you should give it. Otherwise, he will approach the concerned officer, and once he visits your office, he will find enough and more non-compliances. That may lead to unpleasant situations. Therefore, I advise, please pay the amount and close the matter.
From India, Kannur
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4483You should know that in respect of a workman no notice period applies whereas the employer is under legal obligation to give notice, that too one month in the case of an establishment employing less than 100 persons and three months in the case of 'factories' employing more than 100 workers. As such, you cannot ask an employee to serve notice before he leaves and forfeit his salary. Therefore, if he is asking for the wages for the days he has already worked, you should give it. Otherwise, he will approach the concerned officer, and once he visits your office, he will find enough and more non-compliances. That may lead to unpleasant situations. Therefore, I advise, please pay the amount and close the matter.
From India, Kannur
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Withdrawl of Resignation and Notice period.doc
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Sidharth
Thank you so much