uuuuukk
Hi,
Just wanted to know, once the company issues the relieving letter and PF, whether any actions can be taken against the employee if he/she did not settle the dues of the company?
Please clarify the doubt

From India, Bengaluru
Dinesh Divekar
7883

Dear friend,
If the employee did not settle the dues then why he was given relieving letter and who has given him?
Are you from HR or you are that employee who got relieving letter and now company is asking dues from you?
If you are from HR then let me provide you solution that is equivalent to putting cart before horse. Send a letter to the employee to clear his dues. In case if he does not respond then send him letter threatening police complaint. If the dues are of higher amount then conduct domestic enquiry and lodge police complaint.
By the way, disciplinary action should be taken against the person who has issued him the relieving letter. This type of goof up is not condonable.
Thanks,
Dinesh Divekar

From India, Bangalore
Work at Home Club
20

From the nature of query, it clearly reveals that neither he has any relation with HR nor he has any problem in reality. Rather, it is his just a vain thought to float in the air without applying his mind that the company don't give any relieving letter to the employee without getting its dues settled. Moreover, the ID "uuuuukk " of the querist also reveals, as if he is not a serious enough to acquire any knowledge of service rules & regulation, rather he seems to have registered just to have some fun.
From India, Delhi
uuuuukk
I Just wanted clarification. :) thanks for solving the doubt. Police complaint without any proof will not happen right? I'm not related to this case. One of my friend had asked me so thought of discussing this here and get some solution for him.
Once the company given the relieving letter and settled the PF amount I think no claws can be taken against that employee.
Now the company who has issues relieving letter is troubling him asking for due of 14K of one month notice which they did not ask when this employee left the organization or when he got the relieving letter, and troubling him dropping mail and harassing him by call and message.
Please let me know any actions can be taken against the company for doing all this.

From India, Bengaluru
pranab.kumar
35

Dear Nathrao,
How to Calculate the notice period pay ?
Is there any formulae specified regarding calculation of Notice period pay ?
Awaiting for your reply.
Warm regards,
Pranab Chakraborty
9404384433

From India, Mumbai
nathrao
3131

Look at your appointment letter.It would give the notice period pay-gross pay,basic pay etc.
Look at your standing orders.
Under Factories Act, Shops and Establishments Act, pay for encashment of earned leave (annual leave with wages) means basic + DA. Therefore, in the context of notice pay also the pay shall have the meaning of basic salary + DA

From India, Pune
fc.vadodara@nidrahotels.com
734

For police complaint what proof is required, that the employee has not worked with the company or the notice period was served or notice pay is not applicable. It seems that you have little knowledge of the law prevailing in India. If the company desires to lodge a complaint, your so called friend will be in a soup. Please don't under estimate any company or anyone, company can hire the topmost lawyer of the town which an employee cannot afford to bear the fees, keep that in mind. Last but not the least always advise which is right and is beneficial to the person who requires your help, but don't give wrong advices or help the wrong doings.
From India, Ahmadabad
sachinkhilari
On appointment letter only basic is mentioned, but few month back they change the policy as we have to pay gross salary to company. plz suggest what to do?
From India, Pune
fc.vadodara@nidrahotels.com
734

Policy can change at any given point of time, but the acceptance of the employee is required. If you have accepted the policy of Gross Pay then you have to adhere to it.
From India, Ahmadabad
mraj78
Dinesh Sir, If I have terminated an employee and then find out that the employee owes money to the company. How can I recover that money? It has been 5 months since the employee was terminated.

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