Dear Members,
Greetings to u all !!!!
My employer terminated three employees last month due to negligence in their duties. We have to give them one month salary since there was one month notice period for both ( Ey & Er ).
Is it possible to change offer letter format where only employee is bind to serve the notice, & employer can relieve any employee, if he is found guilty of misconduct, indiscipline or negligence at his part.
Is it possible to implement so. & what are the legal implications if it is done so.
Pls. guide me.... How to proceed?
From India, New Delhi
Greetings to u all !!!!
My employer terminated three employees last month due to negligence in their duties. We have to give them one month salary since there was one month notice period for both ( Ey & Er ).
Is it possible to change offer letter format where only employee is bind to serve the notice, & employer can relieve any employee, if he is found guilty of misconduct, indiscipline or negligence at his part.
Is it possible to implement so. & what are the legal implications if it is done so.
Pls. guide me.... How to proceed?
From India, New Delhi
Hello Pankaj Pandey,
Your query is surprising.
Forget the legal implications for a moment.
To answer it, just PUT YOURSELF IN THE EMPLOYEE'S POSITION. Will you like it or rather will that be acceptable to YOU--IF you were packed off without any Notice Salary?
Rgds,
TS
From India, Hyderabad
1637Your query is surprising.
Forget the legal implications for a moment.
To answer it, just PUT YOURSELF IN THE EMPLOYEE'S POSITION. Will you like it or rather will that be acceptable to YOU--IF you were packed off without any Notice Salary?
Rgds,
TS
From India, Hyderabad
Then what is the Final conclusion here and also expalin law that is applicable here plssssssssss..................
Dear Pankaj
If an employee is terminated due to misconduct or inefficiency, the employee will be entitled for all the benefits whatever you are paying for the employee you are retrenching from your organisation.
The Employee must be paid Notice Pay as per his offer of employment/Appointment Order Letter, Leave Salary / Leave encashment available in his credit, Retrenchment Compensation and Gratuity as per his eligibility and he should be given with a PF Claim Form (Form 10C and Form 19) and it should also be processed in due course.
In case of Resignation only the employee need to be paid with Notice Pay and Retrenchment Compensation. But the resigned employee should be paid with Leave pay and Gratuity whatever he is eligible to get.
As a HR person you should not be biased towards anyside (Management or employee), and without any personal sentiment please act correctly and do justice to your job.
Hope your doubt is cleared. In case of any further doube do not hesitate to ask.
All the best
From India, Kumbakonam
If an employee is terminated due to misconduct or inefficiency, the employee will be entitled for all the benefits whatever you are paying for the employee you are retrenching from your organisation.
The Employee must be paid Notice Pay as per his offer of employment/Appointment Order Letter, Leave Salary / Leave encashment available in his credit, Retrenchment Compensation and Gratuity as per his eligibility and he should be given with a PF Claim Form (Form 10C and Form 19) and it should also be processed in due course.
In case of Resignation only the employee need to be paid with Notice Pay and Retrenchment Compensation. But the resigned employee should be paid with Leave pay and Gratuity whatever he is eligible to get.
As a HR person you should not be biased towards anyside (Management or employee), and without any personal sentiment please act correctly and do justice to your job.
Hope your doubt is cleared. In case of any further doube do not hesitate to ask.
All the best
From India, Kumbakonam
Dear Pankaj,
Strange but good to know your view. You might be thinking of saving the company costs but at the same you should also realize that it's not about 3 employees, but you are managing hudreds of people... "human resources".
Laws are made to maintain and for consistancy to avoid any unexpected legal complications from both sides, and not to rule them out for temporary profits. Every employee and every organization known about this law and agreed at the first instance of association.
Per this law, both parties are agreed to compensate/adjust one month salary (or subjective to the company policy) to cover the losses that may incurr to both parties due to such decisions.
Your statement "Is it possible to change offer letter....." really doesn't sound professional and no HR could ever think of such point in my knowledge. By this statement I understood that you are either new to HR or given an environment of small scale. However, I would recommend you to keep the laws in mind before taking such decisions.
Good luck!
From United Arab Emirates, Dubai
Strange but good to know your view. You might be thinking of saving the company costs but at the same you should also realize that it's not about 3 employees, but you are managing hudreds of people... "human resources".
Laws are made to maintain and for consistancy to avoid any unexpected legal complications from both sides, and not to rule them out for temporary profits. Every employee and every organization known about this law and agreed at the first instance of association.
Per this law, both parties are agreed to compensate/adjust one month salary (or subjective to the company policy) to cover the losses that may incurr to both parties due to such decisions.
Your statement "Is it possible to change offer letter....." really doesn't sound professional and no HR could ever think of such point in my knowledge. By this statement I understood that you are either new to HR or given an environment of small scale. However, I would recommend you to keep the laws in mind before taking such decisions.
Good luck!
From United Arab Emirates, Dubai
Dear Mr.PankajPandey,
One Employee employed 12 month in the calender year he is eligible for One Notice period or One Month salary as per the Industrial establishment standing order central rule 1946 under the section 13.Termination of employment
Please study that
From India, Madras
One Employee employed 12 month in the calender year he is eligible for One Notice period or One Month salary as per the Industrial establishment standing order central rule 1946 under the section 13.Termination of employment
Please study that
From India, Madras
so funny, Employer wants to get rid of employee without paying money
but in other case, we ensure the employee pays the money to the company
our HR person is asking how can i make the offer letter, so employee only binds
Let us think what is our profession
Be Straight & Put across your opinion to the management
Settle the dues to the employees
If u r doing the other way, a wrong message will be sent to other employees,
From India, Coimbatore
but in other case, we ensure the employee pays the money to the company
our HR person is asking how can i make the offer letter, so employee only binds
Let us think what is our profession
Be Straight & Put across your opinion to the management
Settle the dues to the employees
If u r doing the other way, a wrong message will be sent to other employees,
From India, Coimbatore
Hello,
I am new to this forum but have some relevant questions as regards the topic in question.
If an employee is fired during the beginning of a new month with an offer letter stating that each party should give two weeks notice for either termination or resignation. How do you pay such employee i.e
can the days worked be prorated in addition to the two weeks in lieu of notice or just a the normal monthly salary.
This scenario just happened in my office recently and i am Head of HR.
Would appreciate if you can share more light on this so that incase of next time, i know better how to set the standard.
Thank you.
TOSIN ATANDA
From Nigeria, Akowonjo
I am new to this forum but have some relevant questions as regards the topic in question.
If an employee is fired during the beginning of a new month with an offer letter stating that each party should give two weeks notice for either termination or resignation. How do you pay such employee i.e
can the days worked be prorated in addition to the two weeks in lieu of notice or just a the normal monthly salary.
This scenario just happened in my office recently and i am Head of HR.
Would appreciate if you can share more light on this so that incase of next time, i know better how to set the standard.
Thank you.
TOSIN ATANDA
From Nigeria, Akowonjo
Hello,
I am new to this forum but have some relevant questions as regards the topic in question.
If an employee is fired during the beginning of a new month with an offer letter stating that each party should give two weeks notice for either termination or resignation. How do you pay such employee i.e
can the days worked be prorated in addition to the two weeks in lieu of notice or just a the normal monthly salary.
This scenario just happened in my office recently and i am Head of HR.
Would appreciate if you can share more light on this so that incase of next time, i know better how to set the standard.
Thank you.
TOSIN ATANDA
From Nigeria, Akowonjo
I am new to this forum but have some relevant questions as regards the topic in question.
If an employee is fired during the beginning of a new month with an offer letter stating that each party should give two weeks notice for either termination or resignation. How do you pay such employee i.e
can the days worked be prorated in addition to the two weeks in lieu of notice or just a the normal monthly salary.
This scenario just happened in my office recently and i am Head of HR.
Would appreciate if you can share more light on this so that incase of next time, i know better how to set the standard.
Thank you.
TOSIN ATANDA
From Nigeria, Akowonjo
Tosinatanda
the days worked + two weeks in lieu of notice .
It is very strange that the fitst 3/6 months are of probation, so how you give a offer letter
with the two weeks notice for either termination or resignation.
During probation it is not good that if you put this type of obligation. Every professional have their own experience and perception toward the work
this is why the probation is there to know the company and to know the employee.
From India, Ranchi
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