Dear Seniors, Can we stop any employees F&F legally , if he is ready to pay for the notice period or can we show him absconding if he partially serves the notice period.:idea:
From India, Indore
From India, Indore
1) If any employee is not serving the notice period as per the policy then u can deduct the same from F & F.
2) If an employee is serving the notice period for few days then u can adjust the remaining with the pending leave he / she has in his account. Incase of no leave balance the same can be deducted from his F & F.
From India, New Delhi
322) If an employee is serving the notice period for few days then u can adjust the remaining with the pending leave he / she has in his account. Incase of no leave balance the same can be deducted from his F & F.
From India, New Delhi
I think you should always consider the Employer Branding issues before taking such steps. It is better for organizations to let ex-employees speak good of the organization, even if that costs a couple of dimes. How ever if such things occur more frequently, we should put a check on it and take disciplinary actions.
In the meantime read my latest post on Performance Driven Culture.
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From India, Delhi
In the meantime read my latest post on Performance Driven Culture.
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From India, Delhi
thanks girish , but my question is can any company stop processing the exit formalities (F&F, clearence form, exit interview, P&F ) if an employee is not serving the notice period. Can any employer do this legally under our compliance acts.
From India, Indore
From India, Indore
if an employee is not serving the notice period in that case the employer can deduct from F&F.No any company cannot stop processing the exit formalities (F&F, clearence form, exit interview, P&F ).
From India, Hyderabad
From India, Hyderabad
I do nor know what are the final settlements in your organisation. But in general the position regarding terminal settlements is as below:
1. Gratuity: In case the employee leaving has completed 5 yrs of service or otherwise eligible for gratuity, the same is payable within 30 days from the date of separation. In case of delay the liability for payment of interest will attract.
2. PF: Employer has no control over PF matters. In case PF is in Company trust, trust is liable to transfer the same if an application for transfer is received. In case PF is recovered from last salary, same needs to be remitted within 15 days time to concerned.
3. Cash equivalent of balance of Leave : Can be held back till settlement of dues. Infact I agree with pratima. Dues can be recovered from OR shortfall in notice period can be adjusted, from leaves due.
4. Regarding shortfall in notice period, some companies (Including mine) have delegated powers to authorities competent to accept resignations, to waive off shortfall in notice period, purely as a goodwill gesture. However, it is entirely for the authority to accept proposals from HR for waival of shortfall in notice period. I think it is used in case the ex-employee is gracefully submitting resignation.
5. cases of 'absconding' employees need to be treated on a differrent footing. Considering pending assignments, knowledge ware or other knowledge tools held with him / her at the point of separation, such cases need to be treated as matters of indisclipline, if required. In which acse, concessions given as a matter of goodwill would not be available to them.
6.I also agree with Girish. Your old employees are your best ambassadors. So, bid them bye with grace. Quick and hassle free settlemt would always be mutually beneficial. Go the extra mile to facilitate his/ her smooth exit.
7. Finally, have a checklist and your responce to various modes of separation for settlement of benefits.. If you are able to draw a scheme and obtain consent of critical opinion makers in your hierarchy, you can bag many smiles from ex-employees.
From India, Changanacheri
1. Gratuity: In case the employee leaving has completed 5 yrs of service or otherwise eligible for gratuity, the same is payable within 30 days from the date of separation. In case of delay the liability for payment of interest will attract.
2. PF: Employer has no control over PF matters. In case PF is in Company trust, trust is liable to transfer the same if an application for transfer is received. In case PF is recovered from last salary, same needs to be remitted within 15 days time to concerned.
3. Cash equivalent of balance of Leave : Can be held back till settlement of dues. Infact I agree with pratima. Dues can be recovered from OR shortfall in notice period can be adjusted, from leaves due.
4. Regarding shortfall in notice period, some companies (Including mine) have delegated powers to authorities competent to accept resignations, to waive off shortfall in notice period, purely as a goodwill gesture. However, it is entirely for the authority to accept proposals from HR for waival of shortfall in notice period. I think it is used in case the ex-employee is gracefully submitting resignation.
5. cases of 'absconding' employees need to be treated on a differrent footing. Considering pending assignments, knowledge ware or other knowledge tools held with him / her at the point of separation, such cases need to be treated as matters of indisclipline, if required. In which acse, concessions given as a matter of goodwill would not be available to them.
6.I also agree with Girish. Your old employees are your best ambassadors. So, bid them bye with grace. Quick and hassle free settlemt would always be mutually beneficial. Go the extra mile to facilitate his/ her smooth exit.
7. Finally, have a checklist and your responce to various modes of separation for settlement of benefits.. If you are able to draw a scheme and obtain consent of critical opinion makers in your hierarchy, you can bag many smiles from ex-employees.
From India, Changanacheri
Dear all.
all the views given by the experts are correct in some corner. Normaly we do as under.
If a Person doesn't work fully during the notice period and requests to releive early, a)then we pay for the actual days worked and deduct the remaining days for which didn't work from 30. Less PF, PT and any other advances,loans,if any.
b)Balance Leaves (PL Only) will be calculated on Gross (not from basic, in our company) Less PT.
then both a) + b) will be added then remit together.
This will stop other employees to request for early releive and managment will also get sufficient time to find a replacement.
Pls. clarify if not found correct or satisfactory.
Regards.
Arabindo
From India, Mumbai
all the views given by the experts are correct in some corner. Normaly we do as under.
If a Person doesn't work fully during the notice period and requests to releive early, a)then we pay for the actual days worked and deduct the remaining days for which didn't work from 30. Less PF, PT and any other advances,loans,if any.
b)Balance Leaves (PL Only) will be calculated on Gross (not from basic, in our company) Less PT.
then both a) + b) will be added then remit together.
This will stop other employees to request for early releive and managment will also get sufficient time to find a replacement.
Pls. clarify if not found correct or satisfactory.
Regards.
Arabindo
From India, Mumbai
Hi, The full and final settlement is legally must for out going employees in all circumstances. Without F & F an employee’s personal file can’t be closed. Regards, Akhouri Nishant
From India, New Delhi
From India, New Delhi
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Full n final settlement.doc