Dear All,
If a company terminates an employee due to their absence without prior information to the company, what would be the procedure for the full and final settlement of this employee? Will the company give them the basic pay as per the notice period mentioned in their appointment letter or not?
How can I email HR regarding my FNF settlement?
From India, Hyderabad
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If a company terminates an employee due to their absence without prior information to the company, what would be the procedure for the full and final settlement of this employee? Will the company give them the basic pay as per the notice period mentioned in their appointment letter or not?
How can I email HR regarding my FNF settlement?
From India, Hyderabad
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Presuming that you have already been terminated from service for unauthorized absence, now you can send an email seeking FNF settlement. Many organizations are known to deduct the notice period salary in cases of presumption of voluntary abandonment. At any rate, you can seek unpaid salary, leave salary if any, full bonus for 21-22, and proportionate bonus for this year, unpaid incentive or allowance/reimbursement, etc., and wait for the response.
From India, Mumbai
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1656From India, Mumbai
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Dear Kamal,
It's not discernible from your post whether the termination for unauthorized absence was based on the clause of simple termination for unauthorized absence beyond a specified number of days as contained in the appointment orders or in the service regulations, or after following a full-fledged disciplinary proceeding.
If it was the first scenario, the termination is retrenchment in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947. Therefore, in case of a mutual settlement, your Full and Final settlement should include one month's notice pay (gross) and retrenchment compensation at 15 days' last drawn average pay for every year of completed service on the date of termination, along with gratuity, in addition to the items mentioned by Mr. KK(!) HR.
If it was the second case, you are entitled to all other benefits except notice pay and retrenchment compensation if you accept the orders of dismissal.
From India, Salem
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It's not discernible from your post whether the termination for unauthorized absence was based on the clause of simple termination for unauthorized absence beyond a specified number of days as contained in the appointment orders or in the service regulations, or after following a full-fledged disciplinary proceeding.
If it was the first scenario, the termination is retrenchment in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947. Therefore, in case of a mutual settlement, your Full and Final settlement should include one month's notice pay (gross) and retrenchment compensation at 15 days' last drawn average pay for every year of completed service on the date of termination, along with gratuity, in addition to the items mentioned by Mr. KK(!) HR.
If it was the second case, you are entitled to all other benefits except notice pay and retrenchment compensation if you accept the orders of dismissal.
From India, Salem
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Regarding the salary for the calculation of notice pay, etc., I would say that the salary does not only mean the basic salary as a component fixed by you, but the total/gross salary as per the contract of employment without considering reimbursements and incentives. All fixed allowances that are considered for deduction when he takes a leave without pay should be considered for the calculation of notice pay and other terminal benefits.
From India, Kannur
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From India, Kannur
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My humble view: If one has not applied for leave prior to the commencement of absence, then none of his claims are justified. It is a simple and normal expected behavior of an employee to inform of his inability to attend work as per schedule. Perhaps if he is indisposed or if someone has had an accident or other medical emergency, then he/she must/should inform about their condition which caused their absence.
In the present e-world, communication is fast and free. Therefore, he/she who did not apply for leave for more than 10 days consecutively deserves a punishment. Of course, they must follow the rules of the land and follow inquiry procedures. In haste and in an arbitrary manner, some employers or their authorities simply terminate, which is not correct.
From India, Chennai
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In the present e-world, communication is fast and free. Therefore, he/she who did not apply for leave for more than 10 days consecutively deserves a punishment. Of course, they must follow the rules of the land and follow inquiry procedures. In haste and in an arbitrary manner, some employers or their authorities simply terminate, which is not correct.
From India, Chennai
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Dear All,
If any company terminates an employee because of his absence without prior information to the company, then in this case, what would be the procedure for the full and final settlement of this employee? Will the company give him basic pay as per the notice period mentioned in his appointment letter or not?
How can I email HR for my FNF settlement?
From India, Bhor
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If any company terminates an employee because of his absence without prior information to the company, then in this case, what would be the procedure for the full and final settlement of this employee? Will the company give him basic pay as per the notice period mentioned in his appointment letter or not?
How can I email HR for my FNF settlement?
From India, Bhor
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When an employee has been on leave without pay, the question of giving them notice pay does not arise. So, how can the employee demand to be paid notice pay for their absence without intimation? The company will send a few notices and then terminate the employee, stating that they are no longer interested in the job and have abandoned employment.
From India, Kannur
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From India, Kannur
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Full n final settlement.doc