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Your work is not allotted to employees on a piece-rate wages basis. Therefore, after the notice period ends, he is liable to receive his legal dues even if the work assignment is not finished because this is not a criterion for relieving.
Partho
From Saudi Arabia
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Partho
From Saudi Arabia
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Dear Parathsarthi,
I am working as a payroll executive, and here, I am not a professional in HR. The total HR-related activities are being taken care of by the Managing Director (Md.), Joint Managing Director (JMD), and the Accounts Department. When people are doing something wrong, management does not take any action. These individuals belong to the local community. I am very frustrated here, and I want to leave this organization. Therefore, I should receive my appointment letter. I think the management will not provide my full and final settlement because some of my seniors have not received their full and final settlement amounts, and the management is harassing them. Perhaps this kind of dirty game is being played by the management, and I am well aware that I come from a middle-class family background. If they do not provide my full and final amount, then my situation will become dire because I may struggle to find another job in the future. Please suggest to me what the rules dictate.
Thanks and Regards,
S. Kumar
From India, New Delhi
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I am working as a payroll executive, and here, I am not a professional in HR. The total HR-related activities are being taken care of by the Managing Director (Md.), Joint Managing Director (JMD), and the Accounts Department. When people are doing something wrong, management does not take any action. These individuals belong to the local community. I am very frustrated here, and I want to leave this organization. Therefore, I should receive my appointment letter. I think the management will not provide my full and final settlement because some of my seniors have not received their full and final settlement amounts, and the management is harassing them. Perhaps this kind of dirty game is being played by the management, and I am well aware that I come from a middle-class family background. If they do not provide my full and final amount, then my situation will become dire because I may struggle to find another job in the future. Please suggest to me what the rules dictate.
Thanks and Regards,
S. Kumar
From India, New Delhi
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No Alok, You cannot stop one’s full and final after the notice period of one month ends thks
From India, Delhi
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From India, Delhi
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Dear Alok,
Please do not withhold his full and final settlement because legally he is correct and you are wrong. If your pending work is not completed within 3 months, he will not wait for 3 months. If you withhold his dues, he can file a case under the Payment of Wages Act. So, do not do this.
Thanks,
J S Malik
From India, Delhi
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Please do not withhold his full and final settlement because legally he is correct and you are wrong. If your pending work is not completed within 3 months, he will not wait for 3 months. If you withhold his dues, he can file a case under the Payment of Wages Act. So, do not do this.
Thanks,
J S Malik
From India, Delhi
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Dear Mr. Malik, He is Manager not worker. can he Put a case to civil court or any other legal machinery? Regards Alok
From India, Nasik
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From India, Nasik
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Hi Alok,
As per the appointment letter, it is stated that the individual needs to complete his notice period. If the person completes his notice period, no company has the right to stop his FNF. Whether it is the company's or his reporting structure that is the problem, the person had ample time to organize all his work profiles and create a file, however, no one did so.
The individual fulfilled his duties as per the appointment, but the company did not. Please rectify the issue and ensure his timely release.
From India, Mumbai
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As per the appointment letter, it is stated that the individual needs to complete his notice period. If the person completes his notice period, no company has the right to stop his FNF. Whether it is the company's or his reporting structure that is the problem, the person had ample time to organize all his work profiles and create a file, however, no one did so.
The individual fulfilled his duties as per the appointment, but the company did not. Please rectify the issue and ensure his timely release.
From India, Mumbai
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dear if with nature of duties he is manager than he can take remedial action in civil court. tks j s malk
From India, Delhi
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From India, Delhi
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Please post your question separately.
Please write in clear sentences that convey a message, as your message is not clear to anyone.
According to what I understood, I can say: You are not experienced enough to understand the gravity of HR in your organization. Your bosses are practical people, and their interest is to run the business and not create disputes, so they make appropriate decisions. You have to learn more and mature first to become influential in the organization. Do not leave the job and learn first. Spend time, devote your attention to learning and maturing. Read the circumstances around how your boss makes decisions in the best interest, analyze them and learn.
Partho
From Saudi Arabia
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Please write in clear sentences that convey a message, as your message is not clear to anyone.
According to what I understood, I can say: You are not experienced enough to understand the gravity of HR in your organization. Your bosses are practical people, and their interest is to run the business and not create disputes, so they make appropriate decisions. You have to learn more and mature first to become influential in the organization. Do not leave the job and learn first. Spend time, devote your attention to learning and maturing. Read the circumstances around how your boss makes decisions in the best interest, analyze them and learn.
Partho
From Saudi Arabia
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Mr. Singh,
Every organization has different rules related to your topic. In your organization, there is a work-specific appointment letter. As per your organizational rules, you cannot withhold the Full and Final settlement (FNF). It would be better if you obtain clearance from the concerned department indicating the files, instruments, and equipment that have not been submitted. Then, seek approval from higher management and prepare a summary of the payable or deductible amount. Send a letter to the employee regarding the same. If there is no response, maintain a record of everything and send the cheque by post if payment is due.
From India, Gurgaon
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Every organization has different rules related to your topic. In your organization, there is a work-specific appointment letter. As per your organizational rules, you cannot withhold the Full and Final settlement (FNF). It would be better if you obtain clearance from the concerned department indicating the files, instruments, and equipment that have not been submitted. Then, seek approval from higher management and prepare a summary of the payable or deductible amount. Send a letter to the employee regarding the same. If there is no response, maintain a record of everything and send the cheque by post if payment is due.
From India, Gurgaon
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Hi,
The FNF payment should be made. Check his date of joining in the other company. If he is taking some break in between, HR can request him to come for 1-3 days as per the need and complete the task. However, this should have been taken care of by the senior when he submitted the resignation letter. The senior and HR were well aware of his notice period. So if possible, try to get things done through mutual understanding.
Regards,
Sheetal
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The FNF payment should be made. Check his date of joining in the other company. If he is taking some break in between, HR can request him to come for 1-3 days as per the need and complete the task. However, this should have been taken care of by the senior when he submitted the resignation letter. The senior and HR were well aware of his notice period. So if possible, try to get things done through mutual understanding.
Regards,
Sheetal
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There is no escape. You have to settle his account. If he is in possession of some files/documents, you can tell him that his FNF is subject to his returning those documents. If he returns the documents, good, settle his account. If he doesn't, hold his FNF for some time, let him request once, then threaten next time, and then settle his account to avoid falling into legalities. The choice is yours.
Prashant
From India, Delhi
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Prashant
From India, Delhi
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Dear Kanika,
The exit process of your company should not have allowed this individual to keep possession of the company's goods/files while leaving. However, you should inform him to return the files to avoid any kind of distasteful relation in the future. Under the law, you are liable to settle and give his FnF but let him know that in case he fails to return files/docs, then he will not get his Experience letter from the company. That way, he might come to terms with you.
In the future, make sure that if a similar incident happens, then during the employee's exit formalities, the exit form should highlight the pending material with the employee to which he agrees and signs. This way, you will have in writing that he is liable to return company material.
Best regards,
Alok
From India, New Delhi
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The exit process of your company should not have allowed this individual to keep possession of the company's goods/files while leaving. However, you should inform him to return the files to avoid any kind of distasteful relation in the future. Under the law, you are liable to settle and give his FnF but let him know that in case he fails to return files/docs, then he will not get his Experience letter from the company. That way, he might come to terms with you.
In the future, make sure that if a similar incident happens, then during the employee's exit formalities, the exit form should highlight the pending material with the employee to which he agrees and signs. This way, you will have in writing that he is liable to return company material.
Best regards,
Alok
From India, New Delhi
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Hi Alok,
I do agree with other friends. Once a person completes the notice period, you cannot stop his F&F. But at the same time, it needs to be seen that whatever assignment is given to him and possible to complete in the given time has to be completed by the person on time. If he does not complete it, then you can extend his period after mutual discussion.
Regards, Hrushikesh
From India, Mumbai
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I do agree with other friends. Once a person completes the notice period, you cannot stop his F&F. But at the same time, it needs to be seen that whatever assignment is given to him and possible to complete in the given time has to be completed by the person on time. If he does not complete it, then you can extend his period after mutual discussion.
Regards, Hrushikesh
From India, Mumbai
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Hi Alok,
As per the Indian Labour Laws, you cannot withhold his FnF even if he had not completed the project or assignment within one month's notice. But make sure he returns all the office stationary allocated to him by the company, like laptops (if any), cell phones, etc. The fact that he had completed his notice period makes him eligible to receive the FnF from the company. Moreover, he is hired on a regular basis and not on a project basis; hence, you cannot withhold his FnF based on the incompleteness of a project.
To avoid such situations in the future, what you can do is hire a replacement for a particular manager while he is still serving the notice period and ask the manager to groom his successor before he leaves. This would ensure a smooth flow of the ongoing projects that the outgoing manager is handling.
If you have any other queries regarding the same, please write to me at
.
Regards,
Debashish Pal
From India, Delhi
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As per the Indian Labour Laws, you cannot withhold his FnF even if he had not completed the project or assignment within one month's notice. But make sure he returns all the office stationary allocated to him by the company, like laptops (if any), cell phones, etc. The fact that he had completed his notice period makes him eligible to receive the FnF from the company. Moreover, he is hired on a regular basis and not on a project basis; hence, you cannot withhold his FnF based on the incompleteness of a project.
To avoid such situations in the future, what you can do is hire a replacement for a particular manager while he is still serving the notice period and ask the manager to groom his successor before he leaves. This would ensure a smooth flow of the ongoing projects that the outgoing manager is handling.
If you have any other queries regarding the same, please write to me at
Regards,
Debashish Pal
From India, Delhi
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Full n final settlement.doc