Thanks Mr.Vasant for your valuable comments...
Pls go through the case & queries here under. If you need the mail which the employee had send to the employer, I can share if you can give your mail id or write me here
It would be great enough if you can suggest further course of action as per ID Act.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Regards
Abhimanyu
From India, Hyderabad
Pls go through the case & queries here under. If you need the mail which the employee had send to the employer, I can share if you can give your mail id or write me here
It would be great enough if you can suggest further course of action as per ID Act.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Regards
Abhimanyu
From India, Hyderabad
Dear Abhimanyu,
Please let me know at what level was the employee working. His designation and last Gross Salary drawn.
Now replying to your queries:
1. I have already answered this. When the employee has served his notice period and has completed the obligation to serve out the same, he is no longer the employee of the Co. Then how can his services be terminated.
Most of all what useful purpose would termination serve. After all the employee is leaving the employment of the Co. peacefully and after completing off exit formalities.
Whose bright idea is it that the employee be terminated o his last working day.
Now, can you commit murder? Yes you can. But then you will have to face the consequences of you criminal action. Likewise, in this case also there could be a counterblast and the employer may have to face the resulting embarrassment.
Most of all, like I had said earlier, this would be looked at as a VERY POOR HR PRACTICE.
2. If the employee is a Workman, he can go seek relief from the various authorities under the ID ACT.
3. MY sincere advice would be to accept the employee's resignation and settle his F & F in good time. There is not legal stipulation with regard to settlement of dues in Full and Final. When I was heading the HR function, we did this within two days after all the exit related formalities were completed.
In case you wish to discuss this issue further, please contact me on my Mobile: 09667200654 or landline 01493-516092. My email ID is:
Best Wishes,
Vasant Nair
From India, Mumbai
90Please let me know at what level was the employee working. His designation and last Gross Salary drawn.
Now replying to your queries:
1. I have already answered this. When the employee has served his notice period and has completed the obligation to serve out the same, he is no longer the employee of the Co. Then how can his services be terminated.
Most of all what useful purpose would termination serve. After all the employee is leaving the employment of the Co. peacefully and after completing off exit formalities.
Whose bright idea is it that the employee be terminated o his last working day.
Now, can you commit murder? Yes you can. But then you will have to face the consequences of you criminal action. Likewise, in this case also there could be a counterblast and the employer may have to face the resulting embarrassment.
Most of all, like I had said earlier, this would be looked at as a VERY POOR HR PRACTICE.
2. If the employee is a Workman, he can go seek relief from the various authorities under the ID ACT.
3. MY sincere advice would be to accept the employee's resignation and settle his F & F in good time. There is not legal stipulation with regard to settlement of dues in Full and Final. When I was heading the HR function, we did this within two days after all the exit related formalities were completed.
In case you wish to discuss this issue further, please contact me on my Mobile: 09667200654 or landline 01493-516092. My email ID is:
Best Wishes,
Vasant Nair
From India, Mumbai
HI All
Though Reminder mail sent by the employee to release his May-12 month salary, No response came from HR dept.Its 11 days gone after relieving date.
NOTE: This is the same case where employee got terminated on his last working day.
Pls suggest what action can be taken further as per ID Act?
Regards
Abhimanyu
From India, Hyderabad
Though Reminder mail sent by the employee to release his May-12 month salary, No response came from HR dept.Its 11 days gone after relieving date.
NOTE: This is the same case where employee got terminated on his last working day.
Pls suggest what action can be taken further as per ID Act?
Regards
Abhimanyu
From India, Hyderabad
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