Pramod B Raju
Dear Senior's,
Please direct me on the legal aspects for holding an full and final settlement for an employee, as we come to know he is misused things against company policy.
Awaiting for your reply
Thanks & regards
Pramod

From India, Bangalore
dmc123
62

dear mr pramod,
In case of gratuity, you can forfeit it only for proved misconduct of riotous behaviour or moral turpitude, for which show cause is required before forfeiture. Has the misconduct been proved in a properly conducted enquiry. Bonus also cannot be attached.

From India, Pune
Pramod B Raju
Dear Sir, Thank you for your quick reply., can we hold his FFS till the issue is solved is yes what would be the further steps to be taken. Regards, Pramod
From India, Bangalore
smv_mukti
Dear Seniors Please confim me is there any legal obligation for termination of Executive employee. Regards Mukti
From India, Jamshedpur
dmc123
62

Dear mr pramod,
You may not accept his resignation and not relieve him till the issue is resolved. Gratuity is payable upon separation only. So also other dues are payable upon separation. Please initiate disciplinary action if he is a workman. Anyways what are your FFS components?
9011075672

From India, Pune
dmc123
62

Dear mukti
The nomenclature of executive does not necessarily mean that he is not a workman. It depends on the duties that he is performing. If he is not having authority to sanction leaves or signing gate passes or such other admin duties he will be a workman.
After examining his nature of duties we can analyse whether he is a workman or supervisor so as to decide his mode of termination.

From India, Pune
Pramod B Raju
Dear Sir,
Employee already quit from the organisation after his re-leaving we have been getting negative feed back from the clients that he has misused things and he was in the system for 3 months only. So please suggest if we can hold his FFS if yes what are the further steps to be taken
Thanks & regards,
Pramod

From India, Bangalore
smv_mukti
Actualy he is a Customer executive of our sales department. He is on roll. He abused his Boss & thretening him to shoot. Mukti
From India, Jamshedpur
D.GURUMURTHY
107

Dear Sir, You can hold the Final settlement to him. you can also file a police case against with evidences. D.Gurumurthy LL.HR & IR Consultant
From India, Hyderabad
dmc123
62

dear mukti
Please issue him a chargesheet and hold domestic enquiry. After completion of the enquiry, and receipt of findings of the enquiry officer, send a copy of the findings to the workman, after receiving the comments thereon, you can terminate him by way of dismissal. But the enquiry should be conducted as per rules of natural justice and the misconduct should be adequately proved.
9011075672

From India, Pune
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