Dear Mihir, Mr.Kamal is totaly right and hence do not be get confused.Release all dues for which employer is liable to pay. Mangesh Wakodkar
From India, Pune
12From India, Pune
Only Notice Period and if any legal recovery from his end should be recovered other dues he should be paid
From India, Mumbai
From India, Mumbai
Dear,
If employee has resigned then try to convince your management to releave him and completing his full & final and bring happy end.
There may be problem for employer if employee may contact to Labour Commissioner.
Bhavin
From United States, Edison
If employee has resigned then try to convince your management to releave him and completing his full & final and bring happy end.
There may be problem for employer if employee may contact to Labour Commissioner.
Bhavin
From United States, Edison
The employee has been asked to resign because of misbehavior,
Now Why you want to hold his F & F.
What is that you are going to get by holding the F & F.
Its been 2 months, till date the issue is not settled.
He has resigned, finish the formalities, settle the dues and close the issue.
Please focus on current employees who are working with you.
How you handle this employee sends a signal to all other employees...
From India, Coimbatore
Now Why you want to hold his F & F.
What is that you are going to get by holding the F & F.
Its been 2 months, till date the issue is not settled.
He has resigned, finish the formalities, settle the dues and close the issue.
Please focus on current employees who are working with you.
How you handle this employee sends a signal to all other employees...
From India, Coimbatore
Dear Sir
You can not hold full and final settlement for the employee misbehavior.
You can forfeit the gratuity if the employee involved in moral turpitude and caused financial loss to the management.
You can also terminate an employee for misbehavior after conducting domestic enquiry and need not pay any notice period for the same.
Even forfeiture of gratuity should be done by giving opportunity to employee to explain his stands. Principles of natural justice to be followed for all these.
Regards
V.SRI
From India, Madras
You can not hold full and final settlement for the employee misbehavior.
You can forfeit the gratuity if the employee involved in moral turpitude and caused financial loss to the management.
You can also terminate an employee for misbehavior after conducting domestic enquiry and need not pay any notice period for the same.
Even forfeiture of gratuity should be done by giving opportunity to employee to explain his stands. Principles of natural justice to be followed for all these.
Regards
V.SRI
From India, Madras
Hi, As discussed above,the employee had been terminated /asked to resgin so cmpany needs to settle his F & F. Regards, Swathy
From India, Hyderabad
From India, Hyderabad
If employee RESIGNS means he is been relieved from the duties by employer. So shortfall in notice period would not occur, as the employer impliedly would have agreed to wave the notice period in his discretion. F&F has to be settled unless otherwise any mentioned in the F&F.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
Dear all!!! There has to be some difference between a case of resignation and a natural termination of service like retirement. Many organisation keep a distinction between the two. For example, although statutory payments like PF, Gratuity and earned leave/Previlege encashment are done in both the cases but certain benefits like encashment of sick leave/Half pay leave, terminal benefits like settlement allowance or post employment medical benefits are not admissible in case of resignation. However, in your case since the resignation has been accepted, the proper course would be to make his F&F settlement. Mind you, the CiteHR domain is to support ethical practises and cannot be made a subway to spread or promote unethical practises.
From India, Bhopal
From India, Bhopal
Dear Mr. Mihir,
If you have followed the process of Model Standing Orders then you can hold the Full & Final Settlement till the end of the process. But you have to complete his full & final settlement process.
My opinion is not to prolong his Full & Final Settlement. Make it as early as possible & issue the same to him through register AD (by Post). To avoid further legal consequences.
Please note that the organization had asked to resign the employee.
Thanks & Regards,
Yogesh Kulkarni
Assistant Manager – HR & IR
Krishidhan Seeds Pvt. Ltd.
Contact No. : + 91 98908 45553
E-mail ID :
From India, Mumbai
If you have followed the process of Model Standing Orders then you can hold the Full & Final Settlement till the end of the process. But you have to complete his full & final settlement process.
My opinion is not to prolong his Full & Final Settlement. Make it as early as possible & issue the same to him through register AD (by Post). To avoid further legal consequences.
Please note that the organization had asked to resign the employee.
Thanks & Regards,
Yogesh Kulkarni
Assistant Manager – HR & IR
Krishidhan Seeds Pvt. Ltd.
Contact No. : + 91 98908 45553
E-mail ID :
From India, Mumbai
K. Prasoon and other friends have taken the right position, not to punish the employee for his misconduct if any, doubly one with demand for his resignation, and the other by stopping his terminal benefits.
In fact, there is a legal connotation in such disciplinary matters to the above effect that, the employee as per the cannons of ' Natural Justice ' applied to him, should not be subjected to ' Double Jeopardy ' for the same proved offense. The employer at his most and best, is however left with only justifiable/reasonable administrative actions, such as to place the employee in innocuous position, or may effect employee's transfer to some other department/place. Awarding one single punishment, with this administrative course of action, does not by itself amount to double jeopardy highlighted above.
In any case, what's really intriguing in this trail is, does not the ' Company/Employer In Question ', have a set of established regulations/rules/code of conduct/discipline for the employees?. A company/Employer should have necessary/suitable contractual covenants, to cover exigencies also of such of these cases, in the above scheme of things. The company/Employer, notwithstanding a private enterprise in this case, above all still needs to have a predeclared ' Legitimate Human Resources(HR) Policies/Systems And Values In Place ', to guide it's disciplinary matters.
The lack/absence of the above employment element/s, is/are precisely the reason/s, for the ' Disguised Disloyalty&attrition movement of the employees towards their organizations. It's not the ' Management Principles ' but mostly the ' Street Smartness ' and ' Psycho fancy ' especially in private enterprises, which is dictating the terms to the society. The ill-equipped HRs should do well to introspect, realize and do something resourceful/valuable to deal with this position of serious concern. One of the old wisest did counsel us, to light a little lamp/candle, instead of cursing the darkness around thousand times. For after all, a journey of thousand miles starts with a single step, as also quoted by another old wisest.
The matter is dealt with elaborately herein because, in essence this forum is regularly getting the cases of employee's alleged delinquency, from some of our friends for acceptable solutions thereof, through collective wisdom.
From India, Mumbai
In fact, there is a legal connotation in such disciplinary matters to the above effect that, the employee as per the cannons of ' Natural Justice ' applied to him, should not be subjected to ' Double Jeopardy ' for the same proved offense. The employer at his most and best, is however left with only justifiable/reasonable administrative actions, such as to place the employee in innocuous position, or may effect employee's transfer to some other department/place. Awarding one single punishment, with this administrative course of action, does not by itself amount to double jeopardy highlighted above.
In any case, what's really intriguing in this trail is, does not the ' Company/Employer In Question ', have a set of established regulations/rules/code of conduct/discipline for the employees?. A company/Employer should have necessary/suitable contractual covenants, to cover exigencies also of such of these cases, in the above scheme of things. The company/Employer, notwithstanding a private enterprise in this case, above all still needs to have a predeclared ' Legitimate Human Resources(HR) Policies/Systems And Values In Place ', to guide it's disciplinary matters.
The lack/absence of the above employment element/s, is/are precisely the reason/s, for the ' Disguised Disloyalty&attrition movement of the employees towards their organizations. It's not the ' Management Principles ' but mostly the ' Street Smartness ' and ' Psycho fancy ' especially in private enterprises, which is dictating the terms to the society. The ill-equipped HRs should do well to introspect, realize and do something resourceful/valuable to deal with this position of serious concern. One of the old wisest did counsel us, to light a little lamp/candle, instead of cursing the darkness around thousand times. For after all, a journey of thousand miles starts with a single step, as also quoted by another old wisest.
The matter is dealt with elaborately herein because, in essence this forum is regularly getting the cases of employee's alleged delinquency, from some of our friends for acceptable solutions thereof, through collective wisdom.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Hold My Incerement.jpg
Non-Competition Agreements May Not Hold Up In Court.doc