Dear Mihir,
After getting the resignation you can not hold his legal dues and no question arise for inquiry. After accepting his resignation and make his full and final immediately to close the matter forever.
Regards
Shamsher Yadav
From India, Delhi
After getting the resignation you can not hold his legal dues and no question arise for inquiry. After accepting his resignation and make his full and final immediately to close the matter forever.
Regards
Shamsher Yadav
From India, Delhi
Dear Mihir,
If there is shortfall in the notice period , you may ask him to stay and complete the notice period or deduct proportionate amount of short notice period and settle his dues.
Hemant Nadgauda
From India, Pune
2If there is shortfall in the notice period , you may ask him to stay and complete the notice period or deduct proportionate amount of short notice period and settle his dues.
Hemant Nadgauda
From India, Pune
Hi Dear Mihir,
Many members of this site have expressed their views for your query.
First, It is not clear that, you have posted this Question to know about consequences on withholding ex-employee's benefits/F&F settlement from employer side
OR
Want to know how to help that ex-employee by way of humanity and to claim those dues.
and whatsoever.
Secondly, whatever may be, that ex-employee must be getting guidance from some one to claim his dues and know his legal right.
Otherwise, also please give this site address link to him to find these answers and to know his rights better in future.
WHAT LEGALLY ATTRIBUTABLE
The aggrieved ex-employee can file a Civil Suit for recovery of office dues accordingly, wherein the employer is liable to settle all dues. Further in respect of PF&Gratuity dues. The Ex-employee can file cases under PF Act and Gratuity Act accordingly.
-------------------------------------------------
I really appreciate that members stressed the point in this site to support only the rules of ethical practices by organisations.
But for everyone's dismay maximum organisations in India are not employee oriented and do not like to follow envisaged rules/policies/Acts for the benefit of employees, maximum organisations even do not have a set of employee policies even, likewise our govt enforcement on these firms, that is true, also they are only money minting organisations. They need to deal with severely by enforce department.
-------------------------------------------------
Mr Mihir please do come back on this site to explain about the end decision, members may want to know even.
regards,
VL Prasad
From India, Warangal
Many members of this site have expressed their views for your query.
First, It is not clear that, you have posted this Question to know about consequences on withholding ex-employee's benefits/F&F settlement from employer side
OR
Want to know how to help that ex-employee by way of humanity and to claim those dues.
and whatsoever.
Secondly, whatever may be, that ex-employee must be getting guidance from some one to claim his dues and know his legal right.
Otherwise, also please give this site address link to him to find these answers and to know his rights better in future.
WHAT LEGALLY ATTRIBUTABLE
The aggrieved ex-employee can file a Civil Suit for recovery of office dues accordingly, wherein the employer is liable to settle all dues. Further in respect of PF&Gratuity dues. The Ex-employee can file cases under PF Act and Gratuity Act accordingly.
-------------------------------------------------
I really appreciate that members stressed the point in this site to support only the rules of ethical practices by organisations.
But for everyone's dismay maximum organisations in India are not employee oriented and do not like to follow envisaged rules/policies/Acts for the benefit of employees, maximum organisations even do not have a set of employee policies even, likewise our govt enforcement on these firms, that is true, also they are only money minting organisations. They need to deal with severely by enforce department.
-------------------------------------------------
Mr Mihir please do come back on this site to explain about the end decision, members may want to know even.
regards,
VL Prasad
From India, Warangal
Dear Mihir
If the appointment order/contract of service require to give Notice or pay in lieu of notice , say one month & employee failed partially, then the proporationate salary ( shortfall in notice) under intimation to him may be deducted. But befire doing so, inform the employee to comply with the Short Notice or pay in lieu of notice as per service contract. It is not fair & legal to hold FNF for partial fullfillment of notice period.
Regards
SDP
From India, Kolhapur
If the appointment order/contract of service require to give Notice or pay in lieu of notice , say one month & employee failed partially, then the proporationate salary ( shortfall in notice) under intimation to him may be deducted. But befire doing so, inform the employee to comply with the Short Notice or pay in lieu of notice as per service contract. It is not fair & legal to hold FNF for partial fullfillment of notice period.
Regards
SDP
From India, Kolhapur
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