HR Folks- Request your views on the process of Separation/Exit-
# Can an organization recover the notice pay from an employee on Gross CTC which also includes the bonus component, loan benefits, Gratuity and other benefits as a part of the CTC. I think this is shouldn't be as Gratuitiy is an amount to be paid to the employee if he serves the org. for atleast 5 yrs. And in today's scenario, its not reasonable to expect an employee to necessarily stay with a comp. for 5 yrs. Also the bonus component is the maximum guaranteed amount which is not necessarily earned by the employee 100%. So is it possible to recover notice pay on such non fixed components.
# Also, if an employee resigns within a month of joining, can the organization demand for serving the notice period of 2-3 months or notice pay alternatively.
# In a situation when an employee is willing to pay the notice pay, can the org. still hold back the employee and ask to serve the entire notice period rather than recovering the notice pay.
From India, Pune
# Can an organization recover the notice pay from an employee on Gross CTC which also includes the bonus component, loan benefits, Gratuity and other benefits as a part of the CTC. I think this is shouldn't be as Gratuitiy is an amount to be paid to the employee if he serves the org. for atleast 5 yrs. And in today's scenario, its not reasonable to expect an employee to necessarily stay with a comp. for 5 yrs. Also the bonus component is the maximum guaranteed amount which is not necessarily earned by the employee 100%. So is it possible to recover notice pay on such non fixed components.
# Also, if an employee resigns within a month of joining, can the organization demand for serving the notice period of 2-3 months or notice pay alternatively.
# In a situation when an employee is willing to pay the notice pay, can the org. still hold back the employee and ask to serve the entire notice period rather than recovering the notice pay.
From India, Pune
Dear Manya
the process of notice pay deduction is entirely on the cmpany's said policy. the amounts of gratuity and bonusetc which are not a part of monthly components are generally settled seperately. the deductions are made for the monthly coponents and then u can settle the annual components.
in case of new joinee, u cannot force people to stay back but can request them to stay till the full knowledge transition is over to the one replacing him. but again that would be his own individual desicion.
you can hold back their experience certificate but that in stead of that the person can show his salary slip elsewhere.
in case the company wants to hold back in stead of recovering the notice pay, might not force the individual to come to the company as mentioned before their are other ways to show their experience in the organization other than experience certificate.
Hope this will help you.
From India, Bangalore
the process of notice pay deduction is entirely on the cmpany's said policy. the amounts of gratuity and bonusetc which are not a part of monthly components are generally settled seperately. the deductions are made for the monthly coponents and then u can settle the annual components.
in case of new joinee, u cannot force people to stay back but can request them to stay till the full knowledge transition is over to the one replacing him. but again that would be his own individual desicion.
you can hold back their experience certificate but that in stead of that the person can show his salary slip elsewhere.
in case the company wants to hold back in stead of recovering the notice pay, might not force the individual to come to the company as mentioned before their are other ways to show their experience in the organization other than experience certificate.
Hope this will help you.
From India, Bangalore
just to add to what ananya has said, if an employee has decided to leave without serving his notice period then you can hold back his salary for the pervious month, in case he informs you after the salary is credited then you need to ask him to give back the salary for last month or serve the notice period, if an exit clause is added to the appointment letter that server good purpose in such situations.
Most of the companies today do reference checks, you can give an idea to the company that if any such check is done you will inform the checking company that the employee has left without giving proper notice. withholding the experience letter is one more way.
From India, Pune
6Most of the companies today do reference checks, you can give an idea to the company that if any such check is done you will inform the checking company that the employee has left without giving proper notice. withholding the experience letter is one more way.
From India, Pune
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