Dear Seniors,
Greetings of the day !!
I need the help of yours regarding issue related to full and final settlement of employee (Staff cadre).
Case-
Presently our 2-3 marketing staff left the company without giving any formal resignation letter. They were not performing well due to this they didn't get any increment also so we can say that both the parties (employer-employee) are unsatisfied. But anyhow some of them have joined another company and some are still ideal. Now in short -
1. Employee did not provided any resignation letter to us and left the company.
2. We want to settle his full an final amount at earliest.
3. We have contacted them many times but still they are not coming for the same to our H.O. Either they may be busy or not interested to do so.
Query-
Are we as employer legally bound to do there F&F settlement but they are not coming despite of several oral reminders?
If we are legally bound then what will be the next steps or solutions in such case,please guide.
From India, Jalgaon
Greetings of the day !!
I need the help of yours regarding issue related to full and final settlement of employee (Staff cadre).
Case-
Presently our 2-3 marketing staff left the company without giving any formal resignation letter. They were not performing well due to this they didn't get any increment also so we can say that both the parties (employer-employee) are unsatisfied. But anyhow some of them have joined another company and some are still ideal. Now in short -
1. Employee did not provided any resignation letter to us and left the company.
2. We want to settle his full an final amount at earliest.
3. We have contacted them many times but still they are not coming for the same to our H.O. Either they may be busy or not interested to do so.
Query-
Are we as employer legally bound to do there F&F settlement but they are not coming despite of several oral reminders?
If we are legally bound then what will be the next steps or solutions in such case,please guide.
From India, Jalgaon
Dear Vaibhav,
The case you have presented is that of abandonment of services by the employees irrespective of their cadre and the reasons associated with it. So the legal course open to the management is taking disciplinary action against the absconding employees and dissmissing them after a domestic enquiry whether they take part in it or otherwise.
From India, Salem
6018The case you have presented is that of abandonment of services by the employees irrespective of their cadre and the reasons associated with it. So the legal course open to the management is taking disciplinary action against the absconding employees and dissmissing them after a domestic enquiry whether they take part in it or otherwise.
From India, Salem
Dear Vaibhav,
If you do F&F settllement voluntarily, one-sided action on your part without serving them with a show cause notice for their act of willfull desertaion from duty and making them to defend their own position that would not only be illegal on your part, but also your action would be encouraging other employees to indulge in to such type of indiscipline and make them free to leave the company abruptly any time against the interest of the company.
In the present case, you are not obliged to F&F srttlement, as the cases are clearly of abandonment of service and unauthorised absence on the part of the employees, clearly making them liable to disciplinary action and termination from service as a matter of punishment for indiscipline on their part. Secondly, they have also indulged in to illegal dual employment, when they are still on rolls of your company, for which not only your company can take legal action against them.but also the other company can also do so or to terminate their service on account of such illegal act of theirs.
So, issue them the show cause notice in writing.
From India, Delhi
If you do F&F settllement voluntarily, one-sided action on your part without serving them with a show cause notice for their act of willfull desertaion from duty and making them to defend their own position that would not only be illegal on your part, but also your action would be encouraging other employees to indulge in to such type of indiscipline and make them free to leave the company abruptly any time against the interest of the company.
In the present case, you are not obliged to F&F srttlement, as the cases are clearly of abandonment of service and unauthorised absence on the part of the employees, clearly making them liable to disciplinary action and termination from service as a matter of punishment for indiscipline on their part. Secondly, they have also indulged in to illegal dual employment, when they are still on rolls of your company, for which not only your company can take legal action against them.but also the other company can also do so or to terminate their service on account of such illegal act of theirs.
So, issue them the show cause notice in writing.
From India, Delhi
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Full n final settlement.doc