One of our managers left in September 2011 after a service of only 90 days (18/06/11 to 15/09/11) before completing the probation period. Now, in March 2015, he has sent a legal notice through an advocate demanding salary for September 2011. What should/can we do? No appointment letter was given, only an offer letter was provided.
From India, Kanpur
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From India, Kanpur
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Hi,
In my opinion, if an ex-employee has served the notice period, there is no need to hold their salary without any reason. If the notice period was not served, review the full and final settlement copy along with the relieving letter.
As an HR professional, it is our primary responsibility to follow the right HR practices. Do not waste time on confusion between the offer letter and appointment letter. Instead, discuss the settlement with the ex-employee personally and request for resolution.
Regards,
Ashish
From India, Pune
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176In my opinion, if an ex-employee has served the notice period, there is no need to hold their salary without any reason. If the notice period was not served, review the full and final settlement copy along with the relieving letter.
As an HR professional, it is our primary responsibility to follow the right HR practices. Do not waste time on confusion between the offer letter and appointment letter. Instead, discuss the settlement with the ex-employee personally and request for resolution.
Regards,
Ashish
From India, Pune
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First, a debt not claimed for over 3 years is barred under statute. So, you are not liable to pay anything.
Second, if you have a policy of a notice period, and the same is not served, and the employee has absconded, you are free to hold back his salary. If the notice period dues were more than the salary of 15 days, then in any case, there is money to be collected from him.
Speak to your lawyer and ask him to evaluate along these lines and take the next step.
From India, Mumbai
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Second, if you have a policy of a notice period, and the same is not served, and the employee has absconded, you are free to hold back his salary. If the notice period dues were more than the salary of 15 days, then in any case, there is money to be collected from him.
Speak to your lawyer and ask him to evaluate along these lines and take the next step.
From India, Mumbai
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Even though the claim made by the person is barred by limitation under the Limitation Act after the expiry of three years, it is up to the management to decide whether to pay the dues despite being barred by limitation, unless any deduction is to be made from the salary. After giving an offer since he worked in the company, not issuing the appointment letter is immaterial under the Contract Act or the Shops and Establishment Act.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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