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HR@Biz
Hi - we terminated an employee for a case where he took unauthorized remote access of his office computer from home...This access was taken multiple times before ad the company has recordings of the same..The employee was also asked to provide a written explanation about this in which he admitted this. The employee is now asking for an FnF and threatening legal action if we don't pay up.
Are be liable to pay him his FnF as per labour law ?

From India, Jaipur
nvraovskp
55

Dear Friend
If there is a provision under your standing order / service rules with regard to unauthorized access of office computer from Home, if constitutes misconduct, then terminating the services of such employee may be correct. But in what way such act of employee has resulted in detrimental to the interest of company in terms of financial is to be proved.
Even in case where the employee services terminated by the employer, the F&F could not be withheld on the grounds of termination of the services of an employee until and unless such act of employee causes financial losses to the company. So final settlement of terminated employee should be settled immediately or else it may leads to further complication
Regards

From India, Hyderabad
sushilkluthra@gmail.com
221

Under Shops and Establishment Act, employer ought to have given employee’s dues at the time of discharge of employee otherwise penal provisions are attracted.
From India, New Delhi
MS RASOOL
2

hi, does in such case, employee has to be paid his notice period salary? (example: 1month/2month) or only settled with his days he had worked...plz suggest.
From India, Mumbai
Bhuvanabharathi
Dear all good evening, I am working as a hr executive in a renewable energy cpany. Any one help me for hr policies. And also help me to improve the spoken and written english skills. Pls any one guide to me. Our director again and again command me improve your writing skills. How it is possible ? I studied only tamil medium.
Pls help me.
Thanks & regards
Bhuvanabharathi

From India, Mumbai
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