Hi, Got this issue in a class discussion. There is an employee who left the company without serving a notice period. Before he/she resigned due to some communication issue he/she got paid extra Casual Leaves after which she resigned from her job. Being a company how to get back extra paid money.
Regards
From India, Mumbai
Regards
From India, Mumbai
Dear Rohit Kumbhar,
If the employee has abandoned the duties, then did you send her an official letter to join the duties otherwise disciplinary action will be initiated against her.
Send two warning letters to join the duties. If the employee does not join, then you may order the domestic enquiry.
If the employee does not depose before the enquiry, then the management may take ex parte decision and award a suitable punishment which could be termination of the services.
Before abandoning the duties, the employee must have served a few days in that month. I don't think that you have paid the salary for the period. Since the employee availed of the excess leave than the eligibility, you can recover those many days salary. This recovery can be made from the salary outstanding against her. For the recovery of payment for the excess leave, obtain sanction from the competent authority.
Correspondence related to this incident may be preserved in the employee file. As a cross-reference, additional copies may be preserved somewhere else too.
Notwithstanding the recovery process, the question arises is why the employee was sanctioned leave beyond the eligibility. Why this lapse occurred and how to prevent such lapse is a lesson to be learned from this incident.
Thanks,
Dinesh Divekar
From India, Bangalore
7883If the employee has abandoned the duties, then did you send her an official letter to join the duties otherwise disciplinary action will be initiated against her.
Send two warning letters to join the duties. If the employee does not join, then you may order the domestic enquiry.
If the employee does not depose before the enquiry, then the management may take ex parte decision and award a suitable punishment which could be termination of the services.
Before abandoning the duties, the employee must have served a few days in that month. I don't think that you have paid the salary for the period. Since the employee availed of the excess leave than the eligibility, you can recover those many days salary. This recovery can be made from the salary outstanding against her. For the recovery of payment for the excess leave, obtain sanction from the competent authority.
Correspondence related to this incident may be preserved in the employee file. As a cross-reference, additional copies may be preserved somewhere else too.
Notwithstanding the recovery process, the question arises is why the employee was sanctioned leave beyond the eligibility. Why this lapse occurred and how to prevent such lapse is a lesson to be learned from this incident.
Thanks,
Dinesh Divekar
From India, Bangalore
There is no payment for Casual leave as it is not an encashable leave. The very name casual leave indicates that it is allowed for the purpose of a sudden requirement. The unavailed CL lapses after the availment period is over, it is also not carried forward. It is quite possible that the employee may have availed CL in excess of entitlement thus far.
Any overpayment on any account can be recovered from the wages or the final dues payable to the employee. There is a specific provision in the Payment of Wages Act 1936 (Section 7 (2) (f) that recovery of excess payment from the wages payable to an employee.
From India, Mumbai
Any overpayment on any account can be recovered from the wages or the final dues payable to the employee. There is a specific provision in the Payment of Wages Act 1936 (Section 7 (2) (f) that recovery of excess payment from the wages payable to an employee.
From India, Mumbai
Dear Sir,
That employee had already left the company. And due to communication barrier with in the management that employee got extra casul leaves paid. So is there any way to get that extra paid casual leaves money back from that employee? That employee is already joined other company.
From India, Mumbai
That employee had already left the company. And due to communication barrier with in the management that employee got extra casul leaves paid. So is there any way to get that extra paid casual leaves money back from that employee? That employee is already joined other company.
From India, Mumbai
Dear Rohit Kumbhar,
Do you read the replies given by other members? I have given a clear reply. Why can't you go through paragraphs 4 and 5 of my post? What is the logic of asking the same question again?
Thanks,
Dinesh Divekar
From India, Bangalore
Do you read the replies given by other members? I have given a clear reply. Why can't you go through paragraphs 4 and 5 of my post? What is the logic of asking the same question again?
Thanks,
Dinesh Divekar
From India, Bangalore
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