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Dear All, What are the legal actions by the employer if an employee refuses to pay back his Full and final settlement amount.Please describle in details. thanks
From India, Delhi
Dear Why this situation arises ? Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
From India, Delhi
Sir,
Most of the time it happens that an employee leaves the company without serving proper notice. e.g One takes the salary in the first week of the month and next day he resigns without serving notice.What to do in this case?
thanks

From India, Delhi
Sir,
One of the sr.employees got the offer of some other company on 20th of June.He didnt resign till he got his salary on 7th July.He served a notice period of 4 days because he might have thoughtthat he has nothing to lose in the company.Inspite of convicing him to stay for 10 days for proper hand over he left in 4days.He had to serve notice of 30 days as per his appointment letter.Now what should i do in this case.
thanks

From India, Delhi
Hi
As our seniors said the question is not clear
However please confirm the cadre of the employee (whether workmen category or supervisor)
If he is a supervisor you can refer code of conduct/secrecy agreement and hold the payment due to him .
Tks & Regards

From India, Hyderabad
Dear All,
I also wish to know what remedy is available to an employee if his contract is terminated by the employer without assigning any reason. The company is silent about full and final payment. What is the time limit for making full and final settlement. As per terms of the contract each side has to give three months notice for terminating the contract. The company is an Indian company working abroad.
Thanks

From India, Nasik
Dear Pranob ji,
This will attract the double employment, which is illegal concept according to the Employment Standing Orders Act. (Is your company is having certified Standing Orders ?) see local state SO Act. You have to take the action according to the rules there in (if the candidate is proved that he joined some where without settlement with the parent company)
Regards,
PBS KUMAR

From India, Kakinada
The question of recovery if it is due to the amount spent or used by an employee and payable on full and final settlement is one and other is recovering the notice pay. On the first one, the Managemnt has every right to recoer and if not paid by the employee, the Management can file a case for recovery of dues by the employee. On the second case though the employee has ageed to either serve the notice period or agreed to pay in liue of the same, the Managment strictly cannot recover through any legal forum because it is like lion and lamb at the time of joining. The employee will sign any document as he is inthe receiving end. So, it will be termed as unfair and no court will pass order for recovery of notice pay.
From India, Madras
Dear All,
Some employers have habit to hold salary with an immediate effect as soon as the employee gives resignation and they keep on hold till F&F, it could be 3-4 months. Now a days some employers ask for notice period for 3 month, is it possible? or is it reasonable ? when they recruit, they ask to join within 15days, how can they ask resigning employee to give 2-3 months notice.

From India, Mumbai
Now a days employers are asking employee to resign otherwise they will give termination letter. Afterthat employers fabricates many stories behind that. In such situation what to do with them?
From India, Mumbai

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