Dear Sir,
Please help to resolve a query that my colleague is facing in a company. He has been alleged to have asked for an incentive from his subordinate. The allegation was reported to HR by his subordinate, and this issue has been pending with HR for 8 months since it occurred in October. In November 13, he was issued a show cause notice, to which he replied, but HR has not responded to his explanation yet. In March, he received an opportunity for a profile increment and was asked by the local HR to relocate to another location. However, the company reopened the allegation in March and ordered a fraud investigation against him. The investigation report is still pending.
The company now intends to terminate the employee for being found guilty of asking for an incentive from his subordinate. The employee, who is a high performer and has received numerous awards and rewards from the company, did not actually receive any cash. Just asking for an incentive should not lead to termination. If he is terminated, it could significantly impact his career, including his PF, gratuity, experience letter, and relieving letter. It may also affect his ability to join or switch to another company.
I am seeking advice on the best possible way for him to navigate this situation and come out of this difficult period. He has been under significant stress for the past 9 months due to this ongoing issue.
Thank you for your assistance.
From India, Hyderabad
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Please help to resolve a query that my colleague is facing in a company. He has been alleged to have asked for an incentive from his subordinate. The allegation was reported to HR by his subordinate, and this issue has been pending with HR for 8 months since it occurred in October. In November 13, he was issued a show cause notice, to which he replied, but HR has not responded to his explanation yet. In March, he received an opportunity for a profile increment and was asked by the local HR to relocate to another location. However, the company reopened the allegation in March and ordered a fraud investigation against him. The investigation report is still pending.
The company now intends to terminate the employee for being found guilty of asking for an incentive from his subordinate. The employee, who is a high performer and has received numerous awards and rewards from the company, did not actually receive any cash. Just asking for an incentive should not lead to termination. If he is terminated, it could significantly impact his career, including his PF, gratuity, experience letter, and relieving letter. It may also affect his ability to join or switch to another company.
I am seeking advice on the best possible way for him to navigate this situation and come out of this difficult period. He has been under significant stress for the past 9 months due to this ongoing issue.
Thank you for your assistance.
From India, Hyderabad
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Hi,
Was it true that your friend asked his subordinates for incentives?
If a company terminates an employee, the employee is not eligible to receive the relieving letter or experience letter. However, in this case, as HR has not replied for a long time and is now taking action, it seems meaningless. Your friend can talk to the higher level management about this and at least try to obtain his relieving letter and experience letter.
An employee has the right to claim their PF amount regardless of the situation (termination, resignation, or absconding). Additionally, if the employee has served for 5 years in the same company, they are eligible for gratuity as well.
From India, Bangalore
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7Was it true that your friend asked his subordinates for incentives?
If a company terminates an employee, the employee is not eligible to receive the relieving letter or experience letter. However, in this case, as HR has not replied for a long time and is now taking action, it seems meaningless. Your friend can talk to the higher level management about this and at least try to obtain his relieving letter and experience letter.
An employee has the right to claim their PF amount regardless of the situation (termination, resignation, or absconding). Additionally, if the employee has served for 5 years in the same company, they are eligible for gratuity as well.
From India, Bangalore
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Sirs,
I request you to advise on the PF procedure for the Transport Department. We have 5 trailers, and today we have approximately 15 drivers and cleaners.
Kindly provide the full forms and details. I expect your support in this regard.
R. Bala Murugan
From India, Tirunelveli
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I request you to advise on the PF procedure for the Transport Department. We have 5 trailers, and today we have approximately 15 drivers and cleaners.
Kindly provide the full forms and details. I expect your support in this regard.
R. Bala Murugan
From India, Tirunelveli
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Hi Zaid Ahmed,
Nothing to worry; these things happen in a company. Ask your friend to speak to HR. If nothing works out, then speak to management (if your company is small) regarding the relieving formalities. As I told you earlier, he is eligible to receive his gratuity and PF from the company. Also, he will find a good job. Be positive!
From India, Bangalore
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Nothing to worry; these things happen in a company. Ask your friend to speak to HR. If nothing works out, then speak to management (if your company is small) regarding the relieving formalities. As I told you earlier, he is eligible to receive his gratuity and PF from the company. Also, he will find a good job. Be positive!
From India, Bangalore
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Hi Shalini, thank you for your motivation. How about the relieving letter and experience letter? He is constantly in touch with HR and his boss who sits in Mumbai. This is a very big and popular company in the market. If he gets terminated, it will be worse for him. Even though if he is terminated and finds a job and joins another company, what will the other company do with his candidature if they come across or inquire about his past company?
From India, Hyderabad
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From India, Hyderabad
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Well, Zaid... If the company terminates, then it's a problem. As I told you, "Let your friend talk first with HR." What are your Mumbai HR representatives saying? How are they handling his situation - termination or proper resignation?
From India, Bangalore
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From India, Bangalore
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Dear Ahmed,
As per the law, if an employee's services are terminated due to misconduct, he is not entitled to gratuity under the Act. Of course, he will be entitled to the EPF.
Regarding his problem, he should directly meet the top brass of the company or the General Manager of the unit if the unit is big and explain with respect to his performance in the organization and also his conduct concerning the complaint and seek his pardon. If the officer does not agree, the employee should offer his resignation and seek the approval of the top boss on humanitarian grounds. This is the only way to settle the issue. Besides, he may also talk to his subordinate about the cause of his disgruntlement and try to sort it out amicably.
I am sure a way will emerge.
S.K. Johri
From India, Delhi
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As per the law, if an employee's services are terminated due to misconduct, he is not entitled to gratuity under the Act. Of course, he will be entitled to the EPF.
Regarding his problem, he should directly meet the top brass of the company or the General Manager of the unit if the unit is big and explain with respect to his performance in the organization and also his conduct concerning the complaint and seek his pardon. If the officer does not agree, the employee should offer his resignation and seek the approval of the top boss on humanitarian grounds. This is the only way to settle the issue. Besides, he may also talk to his subordinate about the cause of his disgruntlement and try to sort it out amicably.
I am sure a way will emerge.
S.K. Johri
From India, Delhi
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