In fact, in India, that is the irony - that HR departments serve only an employer's purpose because HR are just puppets in the hands of the Directors. Employees do not have any rights at all in a company, and the big boss is always right. I have myself experienced that my HR somehow convinced many of us not to take the PF, and it was only after my tenure came to an end that my HR later said, "Then you should have yourself opted for it"? Imagine - listening to such an answer after 5 years???
SJK
From India, Pune
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SJK
From India, Pune
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Dear Kalpana,
Please collect all the information pertaining to the employee and the reason for not processing the FFS. You can also talk to the HR person who was/is responsible for giving the relieving letter to the employees by the time when she has been relieved. Ask that old employee whether she has approached any other HR person for her relieving and FFS before sending a legal notice, and if yes, contact the person with whom she has spoken.
If there are no dues from the employee, you can process her FFS.
With Regards,
Priya
From India, Bangalore
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25Please collect all the information pertaining to the employee and the reason for not processing the FFS. You can also talk to the HR person who was/is responsible for giving the relieving letter to the employees by the time when she has been relieved. Ask that old employee whether she has approached any other HR person for her relieving and FFS before sending a legal notice, and if yes, contact the person with whom she has spoken.
If there are no dues from the employee, you can process her FFS.
With Regards,
Priya
From India, Bangalore
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Dear Kalpana,
I buy Jalaysanan's Point in its entirety. It is matured and good advice. Get it sorted as quickly as possible to avoid administrative burden on the company and yourself. "Be fair and accept what is right" is a sign of progress. At the same time, do the proper homework as advised by others in replies so that you are impartial with all the parties interested.
Regards,
CA Kamal Virani.
From India, Mumbai
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I buy Jalaysanan's Point in its entirety. It is matured and good advice. Get it sorted as quickly as possible to avoid administrative burden on the company and yourself. "Be fair and accept what is right" is a sign of progress. At the same time, do the proper homework as advised by others in replies so that you are impartial with all the parties interested.
Regards,
CA Kamal Virani.
From India, Mumbai
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Dear Kalpana,
Kindly check whether the legal notice has been sent by the Labour Department or her advocate. After the 60-day notice period, the full and final settlement (F&F) has to be completed within a week. Since this has not been done in this case, please prepare all her dues, call her, and hand it over. That is the only solution. After sending the legal notice, make the settlement and send them a copy along with an explanation for the mistake.
If there are no documents in her personal file, it is the company's mistake, not the employee's. There is nothing to worry about; we can resolve this issue.
Thank you,
Guru Prasad K.
91715 28510
hr.kgpmadhwa@gmail.com
From India, Madras
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Kindly check whether the legal notice has been sent by the Labour Department or her advocate. After the 60-day notice period, the full and final settlement (F&F) has to be completed within a week. Since this has not been done in this case, please prepare all her dues, call her, and hand it over. That is the only solution. After sending the legal notice, make the settlement and send them a copy along with an explanation for the mistake.
If there are no documents in her personal file, it is the company's mistake, not the employee's. There is nothing to worry about; we can resolve this issue.
Thank you,
Guru Prasad K.
91715 28510
hr.kgpmadhwa@gmail.com
From India, Madras
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Please check the notice once again to identify the sender, including their name, designation, and office address.
Have you been summoned by the said officer to provide an explanation at a specific place, date, and time?
Internally investigate why the F & F and relieving formalities were not completed earlier. There might be a valid reason for the delay. Present the notice and other relevant details to your management for their input. Decide whether you want to settle the F & F or have reasons not to do so.
Whatever your decision, communicate it to the concerned labor officer by sending a detailed letter via registered post. Attach copies of relevant documents and correspondence for reference. Also, send a copy to your former employee.
If you choose to settle the F & F and issue relieving and service certificates, promptly send them to the employee by registered post along with the F & F cheque. Also, send a copy of the letter to the Labor Officer and attach the cheque, relieving letter, and service certificate. Include a sentence apologizing for the delay.
If you are summoned to the labor office, bring all the aforementioned documents and submit them to the relevant officer. Request the closure of the matter.
Dear Ranjit, Manish, and Jalasayanam,
I am extremely grateful to you. Thank you for your advice and opinions.
I have consulted with my accounts department, and the employee's F & F has not been processed. She submitted her resignation to the HR Manager, which was accepted. The employee completed a 60-day notice period. Is there any way we can directly speak with the employee to resolve the issue outside the labor court? Or should we attend as we have received the notice?
Regards,
Kalpana
From India, Pune
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Have you been summoned by the said officer to provide an explanation at a specific place, date, and time?
Internally investigate why the F & F and relieving formalities were not completed earlier. There might be a valid reason for the delay. Present the notice and other relevant details to your management for their input. Decide whether you want to settle the F & F or have reasons not to do so.
Whatever your decision, communicate it to the concerned labor officer by sending a detailed letter via registered post. Attach copies of relevant documents and correspondence for reference. Also, send a copy to your former employee.
If you choose to settle the F & F and issue relieving and service certificates, promptly send them to the employee by registered post along with the F & F cheque. Also, send a copy of the letter to the Labor Officer and attach the cheque, relieving letter, and service certificate. Include a sentence apologizing for the delay.
If you are summoned to the labor office, bring all the aforementioned documents and submit them to the relevant officer. Request the closure of the matter.
Dear Ranjit, Manish, and Jalasayanam,
I am extremely grateful to you. Thank you for your advice and opinions.
I have consulted with my accounts department, and the employee's F & F has not been processed. She submitted her resignation to the HR Manager, which was accepted. The employee completed a 60-day notice period. Is there any way we can directly speak with the employee to resolve the issue outside the labor court? Or should we attend as we have received the notice?
Regards,
Kalpana
From India, Pune
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Dear Kalpana, Please visit the concerned person in the labour office and settle the dues. i had gone through the same kind of issue and settled as i said Rgds/Parvati
From India, Mumbai
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From India, Mumbai
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Reply to your question is quite exhaustive. I can't give any more details than this. I can only say that:
First - Find out if the person has lodged any written complaint with the Labor Commissioner's Office.
Second - Obtain his records from the Personnel File and check if he submitted any resignation letter which you accepted.
Third - Verify if he served the notice period as specified in his appointment letter.
Fourth - Determine what kind of settlement was arranged in his case.
Fifth - Check if there is any documented past history in his personnel files showing his incompetence in any area, whether in his job or team work.
Sixth - Investigate whether there was any communication from your end to that ex-employee regarding his dues settlement.
If these points are not in your favor, you might have to pay him his dues. If they are in your favor, then there is no need to worry.
Hope this might help you.
Regards,
Kunal
Officer - HR
From India, Mumbai
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First - Find out if the person has lodged any written complaint with the Labor Commissioner's Office.
Second - Obtain his records from the Personnel File and check if he submitted any resignation letter which you accepted.
Third - Verify if he served the notice period as specified in his appointment letter.
Fourth - Determine what kind of settlement was arranged in his case.
Fifth - Check if there is any documented past history in his personnel files showing his incompetence in any area, whether in his job or team work.
Sixth - Investigate whether there was any communication from your end to that ex-employee regarding his dues settlement.
If these points are not in your favor, you might have to pay him his dues. If they are in your favor, then there is no need to worry.
Hope this might help you.
Regards,
Kunal
Officer - HR
From India, Mumbai
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Dear Kalpana,
It is necessary for the employee to collect the attestation of the HR Manager after submitting the Resignation Letter. In case he or she has done that, you have to ensure that the legal proceedings are coordinated properly.
Secondly, the HR who was in place before should be contacted immediately to ensure if he has signed any acknowledgment in this regard.
Good Luck,
Dinesh Naik
From India, Kochi
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It is necessary for the employee to collect the attestation of the HR Manager after submitting the Resignation Letter. In case he or she has done that, you have to ensure that the legal proceedings are coordinated properly.
Secondly, the HR who was in place before should be contacted immediately to ensure if he has signed any acknowledgment in this regard.
Good Luck,
Dinesh Naik
From India, Kochi
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Dear Seniors,
Nowadays, there are many cases of not settling F&F (Full and Final) settlement of Senior Management Officers. In some instances, the Management itself asks senior employees to resign but fails to settle their dues, even after the official handover of responsibilities.
What course of action should be taken when these employees are not covered by Labour Laws?
Warm regards.
From India, Mumbai
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Nowadays, there are many cases of not settling F&F (Full and Final) settlement of Senior Management Officers. In some instances, the Management itself asks senior employees to resign but fails to settle their dues, even after the official handover of responsibilities.
What course of action should be taken when these employees are not covered by Labour Laws?
Warm regards.
From India, Mumbai
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