Hi,
If an employee voluntarily resigns (meaning wihout any force) then if the required notice period
as per the appointment letter has not been served by the employee, there are two options to
the management (1) to insist that he completes his notice period as per his appointment letter
or (2) deduct the salary proportionate to the period not fulfilled as per the appointment letter and
release his salary.
If the management is adamant, they can refuse to accept his resignation letter which does not
fullfil the appointment conditions and prolong the issue for more time. But if an employee has
decided to quit, it is always better to relieve him, as his continuation in the company in a hostile
atmosphere will only create opportunities for more people to support him, which will not be in
the interests of the management.
From India, Madras
If an employee voluntarily resigns (meaning wihout any force) then if the required notice period
as per the appointment letter has not been served by the employee, there are two options to
the management (1) to insist that he completes his notice period as per his appointment letter
or (2) deduct the salary proportionate to the period not fulfilled as per the appointment letter and
release his salary.
If the management is adamant, they can refuse to accept his resignation letter which does not
fullfil the appointment conditions and prolong the issue for more time. But if an employee has
decided to quit, it is always better to relieve him, as his continuation in the company in a hostile
atmosphere will only create opportunities for more people to support him, which will not be in
the interests of the management.
From India, Madras
Dear Mr.Mihir,
1. When you realised that the employee had a bad behaviour on what ground was he told to leave the organisation. It had to be accepted by the employee.
2. Holding his F&F is what all the organisation does, what would happen if the employee goes to labour court who is that who is going to face the music, ultimately it would fall on the Head of HR.
3. Let the management be clear the very first day when he is being shunted out clear the dues as on date.
4. I would talk for the employee ,he shouldn’t have walked when the employer says so he has to obtain the reliving letter from the employer .
From India, Madras
1. When you realised that the employee had a bad behaviour on what ground was he told to leave the organisation. It had to be accepted by the employee.
2. Holding his F&F is what all the organisation does, what would happen if the employee goes to labour court who is that who is going to face the music, ultimately it would fall on the Head of HR.
3. Let the management be clear the very first day when he is being shunted out clear the dues as on date.
4. I would talk for the employee ,he shouldn’t have walked when the employer says so he has to obtain the reliving letter from the employer .
From India, Madras
Dear Mr. Mihir,
In a such case, You can hold his F & F. But, you may send reminder through register post stating that you are required to get F & F as per the T & C mentioned in his Appt. Order.
After 3rd reminder through Reg. Post, keep them in his personal file and hold at your end.
If further any legal proceedings comes, it will help us to safeguard ourselves.
Thanks.
V J
From India, Jhajjar
1In a such case, You can hold his F & F. But, you may send reminder through register post stating that you are required to get F & F as per the T & C mentioned in his Appt. Order.
After 3rd reminder through Reg. Post, keep them in his personal file and hold at your end.
If further any legal proceedings comes, it will help us to safeguard ourselves.
Thanks.
V J
From India, Jhajjar
Dear Mihir,
F and F cannot be with held just because there is shortfall in the notice period. The amount equal to the wages/salary for the period of shortfall can be recovered from the amount due to the worker
With regards
From India, Madras
F and F cannot be with held just because there is shortfall in the notice period. The amount equal to the wages/salary for the period of shortfall can be recovered from the amount due to the worker
With regards
From India, Madras
Hi,
If the employee has resigned on his own, he is entitled for all benefits. In case, if there is a short fall in the notice period, employer would have advised him when he tendered his resignation. Whether the said employee was advised by the employer?. Was any enquiry was made for the employee's misbahiviour. If all the answers are NO, employer should release his dues to avoid any complication.
Regards.
From India, Mumbai
If the employee has resigned on his own, he is entitled for all benefits. In case, if there is a short fall in the notice period, employer would have advised him when he tendered his resignation. Whether the said employee was advised by the employer?. Was any enquiry was made for the employee's misbahiviour. If all the answers are NO, employer should release his dues to avoid any complication.
Regards.
From India, Mumbai
Dear Mihir,
If employee has already resigned the enquiry goes out of question. you have to and should settle his dues as quickly as possible. if you wanted to recover any damage form his salary or his dues. the right course would have been to conduct a proper domestic enquiry. that too is not possible now. on the other hand if the employee approaches the Labour Office your company will not be able to answer the question that why are you not settling his dues. Labour Commissioner wont buy your argument if you say that he was misbehaving that is why his FnF has been withheld. I totally agree with Mr. Kamal Prasoon and Harikrishnan.
For future if any employee misbehave do not ask for his resignation hold a proper domestic enquiry. Only then the Management has some chance legally.
Thanks,
From India, New Delhi
If employee has already resigned the enquiry goes out of question. you have to and should settle his dues as quickly as possible. if you wanted to recover any damage form his salary or his dues. the right course would have been to conduct a proper domestic enquiry. that too is not possible now. on the other hand if the employee approaches the Labour Office your company will not be able to answer the question that why are you not settling his dues. Labour Commissioner wont buy your argument if you say that he was misbehaving that is why his FnF has been withheld. I totally agree with Mr. Kamal Prasoon and Harikrishnan.
For future if any employee misbehave do not ask for his resignation hold a proper domestic enquiry. Only then the Management has some chance legally.
Thanks,
From India, New Delhi
Hi, You can not hold his FNF but recovered the same from his settlement and Nobody can stop him withdrawing his PF.
From India, Mumbai
From India, Mumbai
Hi, No organization can hold and deny for FNF, It is wrong practice which may affect the image of the organization also Regards Balkishan Sharma Mgr HR Paras Healthcare
Dear Mihir,
I am confused, kindly clarify the below mention point.
Employee has terminated his service but pressure was built from employer side.
On misbehave ground, whether it was proved by the enquiry committee or allegation from employer side?
Whether he had abided by on the clause mention on notice period in his employment contract?
Or terminated his service with immediate effect from tendering resignation?
Whether he was paid for notice period or he has to pay for it?
Employer doesn’t want F&F settlement on what ground?
Waiting for your response.
From India, Bhubaneswar
I am confused, kindly clarify the below mention point.
Employee has terminated his service but pressure was built from employer side.
On misbehave ground, whether it was proved by the enquiry committee or allegation from employer side?
Whether he had abided by on the clause mention on notice period in his employment contract?
Or terminated his service with immediate effect from tendering resignation?
Whether he was paid for notice period or he has to pay for it?
Employer doesn’t want F&F settlement on what ground?
Waiting for your response.
From India, Bhubaneswar
hi.....Mihir,
I think your ultimate moto is that you want to hold FNf of that employee in any case .
But you don't know that there are some rules and law that if employee raise voice against your action and in that case you and your employer will be in problem.
Actually that employee has full right to get his/ her FnF. No one can stop.
He resigned bcoz mgmt forced him/her.
I think you should release his/her FnF, if you want you can deduct some amount in terms of recovey of damaged caused by him/her.
thanks
From India, Lucknow
I think your ultimate moto is that you want to hold FNf of that employee in any case .
But you don't know that there are some rules and law that if employee raise voice against your action and in that case you and your employer will be in problem.
Actually that employee has full right to get his/ her FnF. No one can stop.
He resigned bcoz mgmt forced him/her.
I think you should release his/her FnF, if you want you can deduct some amount in terms of recovey of damaged caused by him/her.
thanks
From India, Lucknow
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