an employee quit and we said that we will give him two months salary when he leaves. we found out that there was certain misconduct on his part. are we still obligated to pay him?
From India, Bengaluru
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From India, Bengaluru
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What is the nature of misconduct? Has the misconduct resulted in financial loss or asset loss, etc.? What is the proof that he is involved? Loss caused by an employee can be recovered from his pay if it is conclusively proved that the employee has misappropriated cash, stores, etc. A domestic inquiry to establish the facts of the case needs to be done.
From India, Pune
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3180From India, Pune
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As rightly said by Mr. Nathrao, you cannot make a decision to withhold the salary amount without following the steps mentioned above. Please understand that if the loss is in terms of monetary benefit and can be calculated, then only can it be recovered from the employee. This should occur only after completing the proper show cause and domestic inquiry process, where the employee has a chance to express their side as well. The decision cannot be one-sided.
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Employee's Compensation Act-2009.pdf
Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx
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