2
In that case the shortfall is deducted from the total settlement amount and rest is deposited to the account.
From India, Mumbai
From India, Mumbai
With holding final dues in the manner it has been done is not supported by any legal provision. The fact that the employee had submitted his resignation at the instance of Management implies that there is not even a feeble case for recovery of notice period pay. By asking the employee to resign, it is deemed to have been waived off by the Management. Thank the employee for having agreed to resign. It would have required enough effort to terminate his services after following the due process of law.
Pay his dues gracefully.
From India, New Delhi
Pay his dues gracefully.
From India, New Delhi
It will not be easy to provide you with any suggestions without understanding the matter in depth. Degree of mishaviour is unknown. It also depends on what kind of company policy you have. If he was made to resign, normally he/she should be eligible to his retirement benefits. But if he is terminated, then it is different story altogether.
In case your company don't have policy, then you should let the team investigate the matter and and let the team provide you with suggestions, as to what course of actions needs to be taken apart from having made the official to resign.
Meanwhile hold the final settlement and see what the team has to say on the matter.
From Bhutan, Thimphu
In case your company don't have policy, then you should let the team investigate the matter and and let the team provide you with suggestions, as to what course of actions needs to be taken apart from having made the official to resign.
Meanwhile hold the final settlement and see what the team has to say on the matter.
From Bhutan, Thimphu
No employer can hold FnF of an employee once he submits his resignation and no one can force him to resign. In case of misbehaviour, employer can initiate disciplinary action under the provisions of conduct rules of the company and if employee is held guilty of the charges he may be punished as per the provision of the conduct rules beside recovery of any loss/damage caused to the company on account of his misbehaviour from his final settlement and balance need to be paid. In case of a moral turpitude, the employer can also forfeit his gratuity after giving him a due notice.
In case employee resigns on his own without giving sufficient notice as per the terms of employment recovery towards the shortfall in the notice period may be done and communicated to the individual but cannot hold Fnf.
regards
R Sathishan
From India, Mumbai
In case employee resigns on his own without giving sufficient notice as per the terms of employment recovery towards the shortfall in the notice period may be done and communicated to the individual but cannot hold Fnf.
regards
R Sathishan
From India, Mumbai
Hi,
We may deduct equal amount of salary in liue of notice period for his resignation. otherwise we may not accept his resignation letter and take disiplinary action as per the standing order of the company and proceed further. if his past records are good we may consider his resignation depends upon the merits and the reasons for his leaving.
Regards,
N Baskaran
From India, Bangalore
We may deduct equal amount of salary in liue of notice period for his resignation. otherwise we may not accept his resignation letter and take disiplinary action as per the standing order of the company and proceed further. if his past records are good we may consider his resignation depends upon the merits and the reasons for his leaving.
Regards,
N Baskaran
From India, Bangalore
Hi
Since there is nothing to show that the employee resigned on pressure. He has resigned and left. If he has not given or worked on notice pay, then you can deduct that from the amount due to him. Further, you can charge him for any actual damage, including loss of client dues directly attributable to him. if you are a large company with hr procedure, then please follow the regulations regarding domestic inquiry.
In many cases, the notice period salary will be more than f&f dues. A simple letter to him stating that his f&f amount is being adjusted towards notice pay will do. Preferably, put details of statement
However, please note that if he was asked to resign on assurance of settlement or against threat of withholding salary for failure to resign, the it would be a breach of trust (irrespective of whether there is proof) in not paying it.
From India, Mumbai
Since there is nothing to show that the employee resigned on pressure. He has resigned and left. If he has not given or worked on notice pay, then you can deduct that from the amount due to him. Further, you can charge him for any actual damage, including loss of client dues directly attributable to him. if you are a large company with hr procedure, then please follow the regulations regarding domestic inquiry.
In many cases, the notice period salary will be more than f&f dues. A simple letter to him stating that his f&f amount is being adjusted towards notice pay will do. Preferably, put details of statement
However, please note that if he was asked to resign on assurance of settlement or against threat of withholding salary for failure to resign, the it would be a breach of trust (irrespective of whether there is proof) in not paying it.
From India, Mumbai
Dear mihir, FnF means settlement of accounts by also considering the notice period. You can deduct the amounts while settling his accounts as permitted by law regrads Manish Gupta
From India, Mumbai
From India, Mumbai
Mr. KK Nair,
Hats off to you!! how truely and straight forward you has spread the message for Cite HR.
" the CiteHR domain is to support ethical practises and cannot be made a subway to spread or promote unethical practices."
everybody must understand this!!!!!!!!!!1
regards
Manish Gupta
From India, Mumbai
Hats off to you!! how truely and straight forward you has spread the message for Cite HR.
" the CiteHR domain is to support ethical practises and cannot be made a subway to spread or promote unethical practices."
everybody must understand this!!!!!!!!!!1
regards
Manish Gupta
From India, Mumbai
Dear Mihirvish,
"Resignation" willfull termination of service agreement by employee from Organisation, hence subject of 'asked to resign" or forced to resign immeterial.And in your case misbehavoiou was not proved under Domestic Enquiry.
If at all proved there is equalibrium between quantaum of damage and penalty /fine , needs to be addressed to employee to recover from employee dues.
Mohammed Azeez
HRM
From Kuwait, Kuwait
"Resignation" willfull termination of service agreement by employee from Organisation, hence subject of 'asked to resign" or forced to resign immeterial.And in your case misbehavoiou was not proved under Domestic Enquiry.
If at all proved there is equalibrium between quantaum of damage and penalty /fine , needs to be addressed to employee to recover from employee dues.
Mohammed Azeez
HRM
From Kuwait, Kuwait
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