Infact, In India that is the Irony that HR Dept serves only an employers purpose coz HR are just a puppet in the hands of the Directors....... Employees do not have any rights et all in a company & the big boss is alwyz right........ I have myself experienced that my HR somehow convinced many of us not to take the PF......... & it was only after my tenure came to an end that my HR later said - Then you should have yourself opted for it"??? Imagine - listening to such an answer after 5 years???
SJK
From India, Pune
SJK
From India, Pune
Dear Kalpana,
Collect all the information pertaining to the employee and the reason for not processing the FFS. You can also talk to the HR person who was/is responsible for giving reliving letter to the employees by the time when she has relived. Ask that old employee whether she has approached any other HR person for her reliving and FFS before sending legal notice and if yes contact the person with whom she has spoken.
If there are no dues from the employee you can process her FFS
With Regards,
Priya
From India, Bangalore
25Collect all the information pertaining to the employee and the reason for not processing the FFS. You can also talk to the HR person who was/is responsible for giving reliving letter to the employees by the time when she has relived. Ask that old employee whether she has approached any other HR person for her reliving and FFS before sending legal notice and if yes contact the person with whom she has spoken.
If there are no dues from the employee you can process her FFS
With Regards,
Priya
From India, Bangalore
Dear Kalpana,
I buy Jalaysanan's Point in its entirety. it is a matured and good advice. get it sorted as quickly as possible to avoid admin burden on the company and yourself.
"Be fair and accept what is right" is the sign of progress.
at the same time do the proper homework as advised by others in replies, so that you are impartial with all the parties interested.
rgds
CA Kamal Virani.
From India, Mumbai
I buy Jalaysanan's Point in its entirety. it is a matured and good advice. get it sorted as quickly as possible to avoid admin burden on the company and yourself.
"Be fair and accept what is right" is the sign of progress.
at the same time do the proper homework as advised by others in replies, so that you are impartial with all the parties interested.
rgds
CA Kamal Virani.
From India, Mumbai
Dear Kalpana,
Kindly check the legal notice has been sent by Labour Department or it has been sent by her advocate. After serving the notice period for 60 days F&F has to be done within a week. As in this case it has not been done, you can make it ready of all her dues call her and hand it over to her. That's the only solution. For legal notice, after making settlement send them a copy of the settlement and write them for the mistake happen.
If there is no document in her p/file its the mistake of company not the employee.
Northing is to worry. But can sort out this problem.
Thanks
Guru Prasad K.
91715 28510
From India, Madras
Kindly check the legal notice has been sent by Labour Department or it has been sent by her advocate. After serving the notice period for 60 days F&F has to be done within a week. As in this case it has not been done, you can make it ready of all her dues call her and hand it over to her. That's the only solution. For legal notice, after making settlement send them a copy of the settlement and write them for the mistake happen.
If there is no document in her p/file its the mistake of company not the employee.
Northing is to worry. But can sort out this problem.
Thanks
Guru Prasad K.
91715 28510
From India, Madras
- Please check the notice once again and find out who has send the notice, name of the person, his/her designation, his/her office address.
- Please check have you been summoned by said officer to give explanation at particular place, date and time.
- Check internally why F & F and relieving formalities were not done earlier. There could be some genuine reason for the same. Show the notice and other details to your management and take their opinion and decide whether you want to settle F & F or do not want to do it for some reason.
- What ever is your decision convey it to concerned labor officer by dropping a detailed letter by registered post, do attach copies of relevant documents and correspondence for reference. Mark a copy to your ex-employee as well.
- In case you have decided to settle F & F and issue relieving and service certificate, send it immediately to employee by registered post along with F & F cheque. Mark a copy of letter to Labor Officer and attach copy of cheque and relieving letter, service certificate as well. Write a line apologizing for delay.
- In case you are summoned to labor office, go with all the above mentioned documents and submit them to concerned officer and request him/her to close the matter.
From India, Pune
Dear Kalpana, Please visit the concerned person in the labour office and settle the dues. i had gone through the same kind of issue and settled as i said Rgds/Parvati
From India, Mumbai
From India, Mumbai
reply to your Question is quite exhaustive, i cant give any more details than this. I can only say that
First - Find if the person has given any written complaint to the Labor Commissioner's Office
Second - Get his records from Personnel File and find if he has given any resignation Letter which you Accepted.
Third - See if he served the notice period mentioned in his appointment letter.
Forth - What kind of Settlement was performed in his case.
Fifth - Was there any past history in his personnel files, documented, which showed his incompetency in any field whether
in his Job or team work.
Sixth - See if there was any communication from your end to that ex-employee regarding his dues settlement.
If these points are not in your favor than you might have to pay him His dues and if they are in your favor then need not worry.
Hope this might help you
Regards,
Kunal
Officer - HR
From India, Mumbai
First - Find if the person has given any written complaint to the Labor Commissioner's Office
Second - Get his records from Personnel File and find if he has given any resignation Letter which you Accepted.
Third - See if he served the notice period mentioned in his appointment letter.
Forth - What kind of Settlement was performed in his case.
Fifth - Was there any past history in his personnel files, documented, which showed his incompetency in any field whether
in his Job or team work.
Sixth - See if there was any communication from your end to that ex-employee regarding his dues settlement.
If these points are not in your favor than you might have to pay him His dues and if they are in your favor then need not worry.
Hope this might help you
Regards,
Kunal
Officer - HR
From India, Mumbai
Dear Kalpana,
It becomes necessary for the employee to collect the attestation of the HR Manager after submitting the Resignation Letter in case he or she has done that then you have to ensure that the legal proceedings are coordinated properly.
Secondly the HR who was before should be contacted immediately to ensure if he has signed any acknowledgment in this regard.
Good Luck
Dinesh Naik
From India, Kochi
It becomes necessary for the employee to collect the attestation of the HR Manager after submitting the Resignation Letter in case he or she has done that then you have to ensure that the legal proceedings are coordinated properly.
Secondly the HR who was before should be contacted immediately to ensure if he has signed any acknowledgment in this regard.
Good Luck
Dinesh Naik
From India, Kochi
Dear Seniors,
Now a days there are many such cases of not settling F & F settlement of Senior Management Officers.
In some cases the Management itself ask senior employee to put up the papers but do not settle the dues, in spite of handing over the charge officially.
What is the course of action to be taken by them when they are not covered by Labour Laws ?
Warm regards.
From India, Mumbai
Now a days there are many such cases of not settling F & F settlement of Senior Management Officers.
In some cases the Management itself ask senior employee to put up the papers but do not settle the dues, in spite of handing over the charge officially.
What is the course of action to be taken by them when they are not covered by Labour Laws ?
Warm regards.
From India, Mumbai
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