My query is if any employee is terminated from a company with the reason as Irregularities in punctuality & negligence of duty from your side is he eligible to get FNF....as per the company hr \"its a clear case of termination based on integrity which doesn’t allow us to pay your December’s salary.
From India, Mumbai
From India, Mumbai
Dear Neha,
Employee is eligible for the Full and Final Settlement in this case. He has not done anything illegal, You are terminating him on the basis of irregularities. He is eligible to FNF.
Regards
Upasana
From India, Delhi
41Employee is eligible for the Full and Final Settlement in this case. He has not done anything illegal, You are terminating him on the basis of irregularities. He is eligible to FNF.
Regards
Upasana
From India, Delhi
An employee on termination, howsoever the manner in which the termination was brought about, is entitled to full and final settlement. he is entitled to his salry beacuse he earned by performing work assigned to him.If any financialloss is caused by his conduct, then due procedure, recognised under law needs sto be followed to recover it.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
Thanks to all for the response.
I had raised this query as one of my family member is facing this issue.
below are the emails received from the hr when further negotiated the FNF concerns
1) This is how an employee was terminated from the firm.
================================================== ===
Sent: Thursday, 27 December 2012 1:05 PM
Subject: Termination Of Services
Dear ,
This is to inform you that your good self was appointed as“Technical associate” in “Professional Services Department” with our company on 18th July, 2012.
But due to the Irregularities in punctuality & negligence of duty from your side, management has decided to cease your agreement of service w.e.f 26th December, 2012
Your Services are terminated with immediate effect.
Thanks& Regards,
| HR Executive
===============================
2) After waiting for almost 3 months and following up with hr on phone below is the reply.
Sent: Tuesday, 2 April 2013 12:41 PM
Subject: RE: Termination Of Services
Dear ,
I have gone through the mail below and it’s a clear case of termination based on integrity which doesn’t allow us to pay your December’s salary.
Thanks& Regards,
Manager-Human Resource
===============================
3) now they said they might pay but no fixed date already it’s been 3 months and nothing had turned up from there end.
Sent: Friday, 5 April 2013 11:32 AM
Subject: RE: FNF
Dear,
I am trying my best to release your salary. Let me confirm back to you please.
Thanks& Regards,
Manager-Human Resource
My query was can you help in a way of writing email or any other way of proceeding ahead with the same.
Neha
From India, Mumbai
I had raised this query as one of my family member is facing this issue.
below are the emails received from the hr when further negotiated the FNF concerns
1) This is how an employee was terminated from the firm.
================================================== ===
Sent: Thursday, 27 December 2012 1:05 PM
Subject: Termination Of Services
Dear ,
This is to inform you that your good self was appointed as“Technical associate” in “Professional Services Department” with our company on 18th July, 2012.
But due to the Irregularities in punctuality & negligence of duty from your side, management has decided to cease your agreement of service w.e.f 26th December, 2012
Your Services are terminated with immediate effect.
Thanks& Regards,
| HR Executive
===============================
2) After waiting for almost 3 months and following up with hr on phone below is the reply.
Sent: Tuesday, 2 April 2013 12:41 PM
Subject: RE: Termination Of Services
Dear ,
I have gone through the mail below and it’s a clear case of termination based on integrity which doesn’t allow us to pay your December’s salary.
Thanks& Regards,
Manager-Human Resource
===============================
3) now they said they might pay but no fixed date already it’s been 3 months and nothing had turned up from there end.
Sent: Friday, 5 April 2013 11:32 AM
Subject: RE: FNF
Dear,
I am trying my best to release your salary. Let me confirm back to you please.
Thanks& Regards,
Manager-Human Resource
My query was can you help in a way of writing email or any other way of proceeding ahead with the same.
Neha
From India, Mumbai
Dear Neha, I take this opportunity to inform bloggers that we should give all the information at the outset; this action will help experts to give precise answers.
From United Kingdom
From United Kingdom
Irregularities in punctuality & negligence of duty don’t mean the employee was absconded and was not employed.
In simple words, from the date of joining until the date of termination, he/she was an employee of them and deserves the all-respective dues even after Termination, however, Irregularities in punctuality & negligence of duty, which is not acceptable at any cost and deserved the action taken by employer. However, the time he/she has enjoyed employment or worked for the organization, will be paid in the form of Full & Final, also employee will be able to get the EPF deducted amount from the salary.
About Queries and communication that you have shared with us:
#1 is the information and termination which is a procedure of the action taken by employee due to Irregularities in punctuality & negligence of duty which is a deserving action that you and employee also understand I believe and acknowledge the same
#2 the statement given by HR Manager is actually not acceptable on professional terms until the said statement included under the terms of employment latter and permits to specify or asked reasoned. If the said statement and reason presented by HR Manager comes under the terms & condition of employment, employee will not be able to get (as Quoted) salary except the deducted EPF.
#3 communications with HR/Employer and reply of them clearly says that they will not deny paying, this may because of the realization that they cannot go against the statutory/employment terms, which binds them to obey too, but they have an obvious reason for delaying in this matter.
The solution of this problem is that employee must go to HR/Employer and request to get his/her F&F. By requesting humbly, employee can only get F&F timely otherwise, the delay in responses need to bear and are obvious because of the occurred lose to them by the unprofessional act of employee.
Apart from this, I would like to say that employees must understand the expectation and need of employers, their work responsibilities. Negligence and kind of punishable act that can cause them this kind of delay and much more can bother career life by many ways. In addition, people must not play with his/her own career life by doing these unprofessional acts.
From India, Gurgaon
In simple words, from the date of joining until the date of termination, he/she was an employee of them and deserves the all-respective dues even after Termination, however, Irregularities in punctuality & negligence of duty, which is not acceptable at any cost and deserved the action taken by employer. However, the time he/she has enjoyed employment or worked for the organization, will be paid in the form of Full & Final, also employee will be able to get the EPF deducted amount from the salary.
About Queries and communication that you have shared with us:
#1 is the information and termination which is a procedure of the action taken by employee due to Irregularities in punctuality & negligence of duty which is a deserving action that you and employee also understand I believe and acknowledge the same
#2 the statement given by HR Manager is actually not acceptable on professional terms until the said statement included under the terms of employment latter and permits to specify or asked reasoned. If the said statement and reason presented by HR Manager comes under the terms & condition of employment, employee will not be able to get (as Quoted) salary except the deducted EPF.
#3 communications with HR/Employer and reply of them clearly says that they will not deny paying, this may because of the realization that they cannot go against the statutory/employment terms, which binds them to obey too, but they have an obvious reason for delaying in this matter.
The solution of this problem is that employee must go to HR/Employer and request to get his/her F&F. By requesting humbly, employee can only get F&F timely otherwise, the delay in responses need to bear and are obvious because of the occurred lose to them by the unprofessional act of employee.
Apart from this, I would like to say that employees must understand the expectation and need of employers, their work responsibilities. Negligence and kind of punishable act that can cause them this kind of delay and much more can bother career life by many ways. In addition, people must not play with his/her own career life by doing these unprofessional acts.
From India, Gurgaon
If the termination is based on Irregularity in punctuality and negligence of duty, which is a clause of the terms and conditions of agreement of the employment, then the termination is justified, otherwise illegal.
If he had worked in December 2012 as stipulated in the Terms of Employment and without out violating any clauses, then he is entitled to the salary of December 2012.
Without disclosing the terms of employment, and what was the real issue, you cannot expect a better reply.
From India, Madras
If he had worked in December 2012 as stipulated in the Terms of Employment and without out violating any clauses, then he is entitled to the salary of December 2012.
Without disclosing the terms of employment, and what was the real issue, you cannot expect a better reply.
From India, Madras
There is no denial of the fact that each & every employee is entitled for Full & Final settlement on termination of service , the amount will vary as per the parameters of the corporation / corporate / company & degree of the allegations levelled against the employee.
From India, Bangalore
From India, Bangalore
Hi Dear Seniors
First of all I would like to thank you all for valuable advice you are sharing on this common platform. It helped me a lot and given me the sense to put my question in front of you.
I am an HR manager in an IT company in Chandigarh. My query is foremost same. Two of our developers have been on Leave giving false pretext. We came to know from our sources that they have joined some xyz company. They did not resigned here. And the most important fact of them that they are working on very Important project.
Our company has suffered a huge loss because of their immature behaviour. Now the company head do not want me to transfer their salaries, I somehow managed to make them agreed on 15 days salaries of them.
Please let me know if the decision is right.
Regards
HR
From India, Amritsar
First of all I would like to thank you all for valuable advice you are sharing on this common platform. It helped me a lot and given me the sense to put my question in front of you.
I am an HR manager in an IT company in Chandigarh. My query is foremost same. Two of our developers have been on Leave giving false pretext. We came to know from our sources that they have joined some xyz company. They did not resigned here. And the most important fact of them that they are working on very Important project.
Our company has suffered a huge loss because of their immature behaviour. Now the company head do not want me to transfer their salaries, I somehow managed to make them agreed on 15 days salaries of them.
Please let me know if the decision is right.
Regards
HR
From India, Amritsar
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No Due Certificate.doc
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