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14-05-2009, 06:30 PM
| | | | Resignation letter Dear All,
As per appointment letter exit clause party(who broke contract) have to give 1 month notice or 1 month salary in lieu. Executive worked for 8 days of month and next day given resignation letter on mail. Is it valid? Is resignation letter on mail is at par with giving resignation letter in hand. Can we take action against executive or hold his relieving. Pls advice. | |
14-05-2009, 06:52 PM
| | | | Join Date: Mar 2008 Location: Chennai, India |
| | Dear White Eagle,
You can deduct those 8 days of salary against notice period not served.
You can issue the relieving/experience letter with the sentence of good conduct and character removed.
And anyways if he is going to join a really good company. they would ask for employee verification. Here you can post your comments which can break or make his career.
But all this will help build or break your brand image in the job market.
So be cautious before you act on the same.
Regards,
Sathya | |
14-05-2009, 07:23 PM
| | | | Hi White,
Kindly find my feedback:
1. Was the executive new to the organization and has worked for 8 days.
A. If yes, then he on probation period & so there is no notice period.
A 2. The second question was resignation acceptance through mail.
This depend on company to company. Normally most of the company
accept email.
A 3. If the employee has completed the probation period and has worked
only 8 days during the notice period. In that circumstance you can
deduct the 22 days salary from employees account and release
the final settlement.
Regards
Saji | |
14-05-2009, 11:41 PM
| | | | Thanks for revert.
Employee was old in org.(around 2 year exp.) having 1 month notice period. He was good resource and in current appraisal we had increased (nominally) his salary. He called us and told that he will pay dues if any but not serve notice period and will not come to office and not give handling of job. We want to take action against him otherwise it will go wrong message in org. Pls advice. | |
15-05-2009, 06:39 PM
| | | | Hi White,
I would suggest, not to release his final settlement and give notice to the employee asking him to properly handover the documents to the concern department head within a specified time.
Failing to do so will have legal implication action against the employee. For that you need to check with legal department.
Saji | |
16-05-2009, 06:26 PM
| | | | Join Date: Dec 2008 Location: Coimbatore |
| | Hi,
No problem exists in sending resignation letter via email, unless its sent to the right person.
And here the employee must pay the notice period amt, as thats how its mentioned in your appointment letter. He MUST abide by it | |
16-05-2009, 07:50 PM
| | | | Hi all,
What can you do in India by taking issues legally  .Don't make enemies for silly matters.I don't think that your employee is a rocket scientist!!!Leave him and hire new one ,khallas.Why you(your company)are going to waste money in highly polluted Indian courts  | |
16-05-2009, 08:38 PM
| | | | Hi Ash,
Please check whether this is correct:
1 Gratuity Act 1971 As per the act employee should worked in same organization for 5 year .
Calculation : Basic+DA*15/26
3.5 Lakhs from single or multiple employer this has been revised by 6th pay commission as 10 lakhs.
15 days salary for each year of service by the Employer
2 Employees Provident Fund Act 1952 covers three scheme. EPF, Family Pension Scheme,Employees Deposit Linked Insurance Scheme
Requirement Minimum 20 emp and employee drawing 6500 are covered under PF Act
Contribution 12% from Employee and Employer +1.61 administrative charges payed by employer
8.33% goes to pension fund and 1.67% goes to PF
3 Employee State Insurance Act 1948
Contribution 1.75% from employee side & 4.75% from employer side
Minimum Rs.50 per day
Kindly clarify some doubts:-
1.Suppose an employee resign and join another organization, in that in that condition they loose the eligibility for gratuity coverage.
2. What is the minimum salary and number of employees required to be covered under PF Act.
3. What is minimum salary required per day to be covered under the ESI Act.
Appreciate your feedback.
Regards
Saji  |
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