Employees working with us for the last 3 years have decided to leave after being absent for a long time. Thereafter, they submitted their resignation from service. We have prepared the full and final settlement, with the remaining amount in the debit balance. Please advise.
From India, Hyderabad
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From India, Hyderabad
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Call him and telll him to take his balance pending with company but if it is negative then there is only 10 percent chances that he will pay you back
From India, Delhi
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15From India, Delhi
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@Santosh
Kindly raise the query in the relevant discussion thread. You can learn more about service bonds on the following links:
- [Articles on the legality of service bonds](https://www.citehr.com/120732-articles-legality-service-bonds.html)
- [Service bond in hospital management](https://www.citehr.com/426213-service-bond-hospital-management.html)
- [Service agreement bond in civil suit](https://www.citehr.com/37511-service-agreement-bond-civil-suit.html)
Apart from this, please enter the term "Service Bonds" in the Find Information bar above, and you'd get links to all relevant discussion threads on this forum.
All the best
From India, Mumbai
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Kindly raise the query in the relevant discussion thread. You can learn more about service bonds on the following links:
- [Articles on the legality of service bonds](https://www.citehr.com/120732-articles-legality-service-bonds.html)
- [Service bond in hospital management](https://www.citehr.com/426213-service-bond-hospital-management.html)
- [Service agreement bond in civil suit](https://www.citehr.com/37511-service-agreement-bond-civil-suit.html)
Apart from this, please enter the term "Service Bonds" in the Find Information bar above, and you'd get links to all relevant discussion threads on this forum.
All the best
From India, Mumbai
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You can withhold his provident fund or other dues which are due from the company. You can issue him a legal notice after constituting the legal adviser, subject to the quantum of the amount. This is because normally legal advisers charge Rs. 1200 to Rs. 1500 in fees. If the recovery is ten times more than the fees, you can issue him a legal notice. However, please note that the recovery procedure through court is lengthy.
Deepak M.
From India, Thana
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Deepak M.
From India, Thana
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Dear Sir/Madam,
The employees have been working with your organization for 3 years, which means they are confirmed employees. They have been on leave for a long time. Have they taken prior approval from their immediate boss or HR in writing? If not, you can issue an absconding notice to them and advise them to report for duty immediately. If they do not do so, you can take legal action with documentary proof of outstanding/debit balance.
Regards,
Rahul
From India, Pune
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The employees have been working with your organization for 3 years, which means they are confirmed employees. They have been on leave for a long time. Have they taken prior approval from their immediate boss or HR in writing? If not, you can issue an absconding notice to them and advise them to report for duty immediately. If they do not do so, you can take legal action with documentary proof of outstanding/debit balance.
Regards,
Rahul
From India, Pune
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Unless the amount due from the employee is more than $30,000, it is not worthwhile pursuing the matter vigorously. The legal expert's fees, time, and effort involved are not worth it, especially since the chances are very low in this case. I suggest you should send a letter advising repayment of dues, withhold acceptance of resignation, and relieving procedure pending repayment. Follow up your letter with a stronger reminder every 3 weeks and forget it after 6 months. Putting pressure through known common sources has the best chance of getting back the dues.
From India, Mumbai
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From India, Mumbai
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Issue him a notice that until the amount is recovered from him, his resignation won't be accepted. In case he is to join somewhere else, he can't join until his resignation is accepted by your company. Furthermore, if he joins somewhere else, a single person cannot have two PF accounts.
From India, Kolkata
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From India, Kolkata
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you can send reminder with following draft.
NOTICE BY REGISTERED A.D & UPC.
Date: .....2013
To,
Mr. ................
......................................
......................................
Dear Mr........................,
This notice is addressed you as under:-
That you left the Company without obtaining a relieving letter and also without handing over the documents/articles belonging to the company which is a criminal breach of trust against the Company for which Company reserves its rights to initiate civil and criminal proceedings against you as per requirement. Following is the list of articles which should be returned by you to the Company:
1.
2.
3.
4. That, as per the books of accounts, maintained by the Company, as on date a sum of Rs. ........./- (Rs. ......................... only) is due and recoverable from you and which you are legally liable to pay.
5. That in addition to above amount you are also liable to return the articles belonging to the Company as mentioned in Para 3 above.
6. That, we have constantly been demanding payment of outstanding amounts payable by you so that the Account of dealing between you and Company is settled/squared up and in this regard on numerous occasions we have reminded you through telephonic calls, but so far neither you have made the payment nor have acknowledged the reminders followed by the telephonic calls.
7. However, you are given one more opportunity to clear the outstanding dues of Rs. ........../- (Rs. ............................................... only) along with the interest @ 18 % p. a. from the date of accrual to the date of actual payment, and return the articles belonging to the Company within 15 days from the date of receipt of this notice failing which, appropriate Civil/Criminal proceedings would be initiated against you before the competent Authority/Court of Law and in that case you shall be totally responsible for all the expenses and subsequent consequences.
Please take notice accordingly.
Yours Faithfully,
From India, Indore
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NOTICE BY REGISTERED A.D & UPC.
Date: .....2013
To,
Mr. ................
......................................
......................................
Dear Mr........................,
This notice is addressed you as under:-
That you left the Company without obtaining a relieving letter and also without handing over the documents/articles belonging to the company which is a criminal breach of trust against the Company for which Company reserves its rights to initiate civil and criminal proceedings against you as per requirement. Following is the list of articles which should be returned by you to the Company:
1.
2.
3.
4. That, as per the books of accounts, maintained by the Company, as on date a sum of Rs. ........./- (Rs. ......................... only) is due and recoverable from you and which you are legally liable to pay.
5. That in addition to above amount you are also liable to return the articles belonging to the Company as mentioned in Para 3 above.
6. That, we have constantly been demanding payment of outstanding amounts payable by you so that the Account of dealing between you and Company is settled/squared up and in this regard on numerous occasions we have reminded you through telephonic calls, but so far neither you have made the payment nor have acknowledged the reminders followed by the telephonic calls.
7. However, you are given one more opportunity to clear the outstanding dues of Rs. ........../- (Rs. ............................................... only) along with the interest @ 18 % p. a. from the date of accrual to the date of actual payment, and return the articles belonging to the Company within 15 days from the date of receipt of this notice failing which, appropriate Civil/Criminal proceedings would be initiated against you before the competent Authority/Court of Law and in that case you shall be totally responsible for all the expenses and subsequent consequences.
Please take notice accordingly.
Yours Faithfully,
From India, Indore
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Well, the best way to communicate with the employee is to send a reminder along with a warning. If you have received the resignation letter, please do not acknowledge receipt or approve it if you have not already done so. Additionally, inform the employee that documents such as the acceptance of resignation, relieving letter, and experience certificate will only be provided once any outstanding dues are settled through repayment.
This approach could be detrimental to the employee's career as they would be unable to showcase their work experience at your company. If they do manage to provide this information, it may result in negative feedback during background verification, making it challenging for them to secure a new job.
Furthermore, if the employee fails to respond and clear their dues, you have the option to file a legal complaint against them. This action would be justifiable based on the amount owed, including additional expenses such as consultation and lawyer fees, as well as the time required to resolve the issue.
From India, Lucknow
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This approach could be detrimental to the employee's career as they would be unable to showcase their work experience at your company. If they do manage to provide this information, it may result in negative feedback during background verification, making it challenging for them to secure a new job.
Furthermore, if the employee fails to respond and clear their dues, you have the option to file a legal complaint against them. This action would be justifiable based on the amount owed, including additional expenses such as consultation and lawyer fees, as well as the time required to resolve the issue.
From India, Lucknow
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