Dear Sir,
We have certaun policies in our organisation for resigning the job. as it is followed by all the industries like giving proper notice in advance and handing over the duties and responsblities. we have taken the signature on the above said policies from the employees. still some of the workers are not following this and comming for the settlements. when we deny the same they approch the local police station. cops also coming to our office and troubling us saying we have to pay settlements. please advice me on this regards.
Rgds,
Sunil
From India, Chennai
We have certaun policies in our organisation for resigning the job. as it is followed by all the industries like giving proper notice in advance and handing over the duties and responsblities. we have taken the signature on the above said policies from the employees. still some of the workers are not following this and comming for the settlements. when we deny the same they approch the local police station. cops also coming to our office and troubling us saying we have to pay settlements. please advice me on this regards.
Rgds,
Sunil
From India, Chennai
Dear Sunil
You must handle the same diplomatically. Please call the cop inside your office and offer him a cup of coffee and explain the same and further you can inform politely that this case cannot come in your jurisdiction and it will be dealt by the District Labour Inspector and further the cop can guide the complainant to approach the ALC's Office.
You also must keep ready with all the relevant documents for your defence.
Further you cannot deny any ones final settlement and obtaining the signature for nonsettlement is also against law. You can deduct the Notice Period pay from his F&F Settlement and settle the balance amount and issue the relieving letter, Last Pay Certificate and Experience letter after completing the Clearance formalities.
From India, Kumbakonam
1166You must handle the same diplomatically. Please call the cop inside your office and offer him a cup of coffee and explain the same and further you can inform politely that this case cannot come in your jurisdiction and it will be dealt by the District Labour Inspector and further the cop can guide the complainant to approach the ALC's Office.
You also must keep ready with all the relevant documents for your defence.
Further you cannot deny any ones final settlement and obtaining the signature for nonsettlement is also against law. You can deduct the Notice Period pay from his F&F Settlement and settle the balance amount and issue the relieving letter, Last Pay Certificate and Experience letter after completing the Clearance formalities.
From India, Kumbakonam
Dear member
1. I agree with what Bhaskar is saying.
2. Complete the formalities of the full and final settlement as per the policies of the company. Issue recovery letters to the workers if required but complete the legal process.
3. You may issue relieving / experience letters which may contain the a remark that the employee left the organisation without completing the proper process of relieving (Although it will be unethical / unjust). This will send a signal to other employees that if they leave the service without following the process they will get such letters.
Regards
Preetam Deshpande
From India, Mumbai
1. I agree with what Bhaskar is saying.
2. Complete the formalities of the full and final settlement as per the policies of the company. Issue recovery letters to the workers if required but complete the legal process.
3. You may issue relieving / experience letters which may contain the a remark that the employee left the organisation without completing the proper process of relieving (Although it will be unethical / unjust). This will send a signal to other employees that if they leave the service without following the process they will get such letters.
Regards
Preetam Deshpande
From India, Mumbai
Dear Mr. Bhaskar,
Agreeing to what you mentioned "Further you cannot deny any ones final settlement and obtaining the signature for nonsettlement is also against law."
I would also like to know your remarks on "You can deduct the Notice Period pay from his F&F Settlement and settle the balance amount and issue the relieving letter, Last Pay Certificate and Experience letter after completing the Clearance formalities."
In certain cases except when the employer feels the situation of employee to be genuine, if employees keep on doing so, how would company ensure handover of task & run it's function properly. Mere settling employees account & issuing them relieving certificate is one side of the coin but the motto of the company behind having notice period policy is not deducting & saving money. Like Sunil has mentioned, it is quite obvious that one after the other all employee have started this practice. I would call this as integrity issue on the employee part too. If employees start threatening companies like this, how are they suppose to run their functions smoothly?
Dear Sunil,
Can you pl mention what set/cadre of employees are doing so? What is the reason they give for not serving the notice period, pl cite the reason(s). What steps have you already taken till date (before posting this thread), this would help members to think beyond that. Is there any pattern you've observed or any specific department or HOD involved in this behaviour?
Anticipating your reply.
From India, Ahmedabad
Agreeing to what you mentioned "Further you cannot deny any ones final settlement and obtaining the signature for nonsettlement is also against law."
I would also like to know your remarks on "You can deduct the Notice Period pay from his F&F Settlement and settle the balance amount and issue the relieving letter, Last Pay Certificate and Experience letter after completing the Clearance formalities."
In certain cases except when the employer feels the situation of employee to be genuine, if employees keep on doing so, how would company ensure handover of task & run it's function properly. Mere settling employees account & issuing them relieving certificate is one side of the coin but the motto of the company behind having notice period policy is not deducting & saving money. Like Sunil has mentioned, it is quite obvious that one after the other all employee have started this practice. I would call this as integrity issue on the employee part too. If employees start threatening companies like this, how are they suppose to run their functions smoothly?
Dear Sunil,
Can you pl mention what set/cadre of employees are doing so? What is the reason they give for not serving the notice period, pl cite the reason(s). What steps have you already taken till date (before posting this thread), this would help members to think beyond that. Is there any pattern you've observed or any specific department or HOD involved in this behaviour?
Anticipating your reply.
From India, Ahmedabad
Dear Hiral
The Notice period is created only to get the suitable employment (for employees) and to get the proper substitute employee for the vacancy being created due to the left employee (for employer) and for smooth functioning of the company and the livelihood of the employee till he get another suitable job.
One cannot withheld the final benefits of the left employee due to non serving of notice period. Even if the clause is available then the employer can impose some fine for not serving the notice period.
Further I would like to convey here is that if the company maintain the records properly, no one can challange the company (either police or the court).
From India, Kumbakonam
The Notice period is created only to get the suitable employment (for employees) and to get the proper substitute employee for the vacancy being created due to the left employee (for employer) and for smooth functioning of the company and the livelihood of the employee till he get another suitable job.
One cannot withheld the final benefits of the left employee due to non serving of notice period. Even if the clause is available then the employer can impose some fine for not serving the notice period.
Further I would like to convey here is that if the company maintain the records properly, no one can challange the company (either police or the court).
From India, Kumbakonam
Dear all
Any matter pertaining to the non payment of wages is of civil nature and police can not interefere in to it unless fraud is alleged by the employees. Only remedy the employees have is to approch Assi Commi. Of labour or approch Industrial Court unde Section 28 of the M.RTU and P.U.L.P Act, 1971 if the cause is in Maharashtra.
S.M.Paranjape, Adv (Labour law consultant)
Ph - 9850083760
From India, Pune
Any matter pertaining to the non payment of wages is of civil nature and police can not interefere in to it unless fraud is alleged by the employees. Only remedy the employees have is to approch Assi Commi. Of labour or approch Industrial Court unde Section 28 of the M.RTU and P.U.L.P Act, 1971 if the cause is in Maharashtra.
S.M.Paranjape, Adv (Labour law consultant)
Ph - 9850083760
From India, Pune
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