Dear all seniors,
Greetings of the day!
One of our senior staff members left his position as AGM of the company on January 4th, 2014, without prior notice and submitted his resignation via email on January 12th, 2014, for Full and Final (F&F) settlement. My query is, if the termination clause in his appointment letter states the following: "After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 months' notice in writing or by paying notice pay in lieu thereof without assigning any reason whatsoever," what legal or verbal actions can be taken against him?
Please guide me on the appropriate steps to take.
From India, Calcutta
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1Greetings of the day!
One of our senior staff members left his position as AGM of the company on January 4th, 2014, without prior notice and submitted his resignation via email on January 12th, 2014, for Full and Final (F&F) settlement. My query is, if the termination clause in his appointment letter states the following: "After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 months' notice in writing or by paying notice pay in lieu thereof without assigning any reason whatsoever," what legal or verbal actions can be taken against him?
Please guide me on the appropriate steps to take.
From India, Calcutta
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From 4th Jan till 12th Jan have you ever send any letter stating unauthorized leave ??? Secondly send a reply stating termination clause and demanding the notice pay
From India, Ahmadabad
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From India, Ahmadabad
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Issue notice for deposit of 3 months' salary in lieu of notice period.
From India, Delhi
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From India, Delhi
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Thanks for your replies!
But sir, he was one of our senior staff, so we have not issued any kind of notice. What action will he take against the company? What action do we have to take against him? What should we do if he comes for his F&F settlement? Please guide.
From India, Calcutta
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But sir, he was one of our senior staff, so we have not issued any kind of notice. What action will he take against the company? What action do we have to take against him? What should we do if he comes for his F&F settlement? Please guide.
From India, Calcutta
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Simply send him/her the notice stating the Termination clause and to deposit the Notice Pay alongwith all company assets if any
From India, Ahmadabad
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From India, Ahmadabad
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Firstly, check your company policy to see if the company requires a notice period of 3 months from employees who are leaving. If the answer is yes, you should request the employee to adhere to the notice period. If the employee has not completed the necessary formalities upon leaving, especially at a senior level, there is no obligation to pay the full and final settlement until the employee provides a 3-month notice period or an equivalent amount.
From India, Mumbai
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From India, Mumbai
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Dear friend,
Your scenario gives rise to the following issues in major:
1. his reveling / resignation acceptance;
2. his Experience letter;
3. his F&F; and
4. recover any and all company assets in his possession (including laptops, ID, access cards etc.)
Now, the question is, what are the rights and obligations of your company:
1. your company has a legal right to recover 3 months' salary against notice period adjustments (as per the employment agreement stated by you above);
2. your company has a legal right to recover all company assets in his possession; and
3. your company has an obligation to give him his reliving letter and F&F.
Hope this answers your questions. You can reach me at the email below in case you want to discuss this in more detail.
Regards,
Jay (jppandey83@yahoo.com)
From India, Delhi
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Your scenario gives rise to the following issues in major:
1. his reveling / resignation acceptance;
2. his Experience letter;
3. his F&F; and
4. recover any and all company assets in his possession (including laptops, ID, access cards etc.)
Now, the question is, what are the rights and obligations of your company:
1. your company has a legal right to recover 3 months' salary against notice period adjustments (as per the employment agreement stated by you above);
2. your company has a legal right to recover all company assets in his possession; and
3. your company has an obligation to give him his reliving letter and F&F.
Hope this answers your questions. You can reach me at the email below in case you want to discuss this in more detail.
Regards,
Jay (jppandey83@yahoo.com)
From India, Delhi
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Full and Final settlement itself means "Full and Final settlement of dues," which is applicable to both the employee and the employer. Also, full and final can be either payable to or recoverable from the employee. A senior person, like the one mentioned in your query, must understand all of these aspects. The notice period pay, payable and/or recoverable as per the conditions in the appointment letter, can be recovered from the employee if you have an accepted copy of the appointment letter from the employee. As an employer, you should prepare the final statement of Full and Final settlement and communicate with the employee at least if you have to recover an amount from them, including the notice period salary. Furthermore, there can be several remedial measures if a departing employee does not honor their commitments.
From India, Gwalior
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From India, Gwalior
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The appointment letter gives equal rights to the employer and the employee to terminate the agreement by giving 3 months' notice to the other party. You are well within your rights to demand amounts equal to three months' salary from him, irrespective of the position he was holding prior to his resignation in your company. You are also well within your rights to recover the costs of any assets (laptop, cell phone, etc.) that your company might have provided him for his official use.
First of all, reply to his mail (don't write an email, send a letter by Registered A.D.) citing the clause in the appointment letter and asking him to remit notice pay. Also, mention that if he fails to do so, the company shall be constrained to deduct the same from his dues.
From India, Mumbai
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First of all, reply to his mail (don't write an email, send a letter by Registered A.D.) citing the clause in the appointment letter and asking him to remit notice pay. Also, mention that if he fails to do so, the company shall be constrained to deduct the same from his dues.
From India, Mumbai
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Dear Sri. Bisht,
Irrespective of position (senior/junior), every employee is governed by the policies of the company, and they have to respect and abide by these policies. Don't hesitate to send the concerned employee a notice to serve the notice period or pay in lieu thereof, as stated in the termination clause in the appointment letter. This will set an example for others as well.
Best of luck.
From India, Mumbai
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Irrespective of position (senior/junior), every employee is governed by the policies of the company, and they have to respect and abide by these policies. Don't hesitate to send the concerned employee a notice to serve the notice period or pay in lieu thereof, as stated in the termination clause in the appointment letter. This will set an example for others as well.
Best of luck.
From India, Mumbai
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