dear seniors
i work for a software company as hr manager...
we have received a legal notice from labour department sent by an old employee who worked as software engineer claiming that her full and final settlement is not done and the company has not given her the reliving and experience letters.
i have joined the company just a month back... i saw her file but there is no proper documentations are available. there is not no due from her nor we have her resignation letter..
can anybody suggest me how should i proceed now. what all measures i should take and whom shall i contact.
regards
kalpana

From India, Hyderabad
Dear Kalpana,
Do not worry, firstly you go to accounts department and check out his payment status. Is there any payment except his salary. Then it will give you some idea about his status and I am sure you will be clear about his full and final status.
Thanks
ranjit samal

From India, Delhi
Dear Kalpana
Apart from the steps suggested by Ranjit also ensure that you meet the concerned officer of Labour Department. You can request the copy of the complaint letter along with documents submitted by your old employee to the Labour Department. Normally, Labour Department do not initiate any action in absence of written complaint from the employee. Also please try to collect the information about the employee as follows:
1. What was a designation of an employee?
2. What was the length of service of an employee?
3. Is there any adverse remarks about the employee?
4. Is the employee confirmed by issuing the confirmation letter?
5. Was any other employees reporting to him and were working under him?
The above information will help you immensely in future since the employee has approached the Labour Department.

From India, Mumbai
very good that employees have now started protesting against HR and not remaining mum, so many employees lose their PF, and FF settlement because the HR is kruel, Dear HR Manager, kindly settle the no dues of the employee ASAP else there will be legal action against your company and your company will plainly point hands to you
From India, Madras
Professional Advice on this:
Check with accounts for dues if any, be prepared to pay it (Not necessarily you have to pay)
If no resignation letter available then situation practically seems to be long absenteeism without information than resignation. Give reply accordingly. However check with staff members who worked with the said employee on submission of resignation letter and any other correspondence with the said employee.
If you are working for IT company, check with IT Admin on mail back ups of erstwhile HR

From India, Madras
Dear Ranjit, Manish & Jalasayanam
I'm so great full to you. Thank you so much for your advise and opinions.
I have checked with my accounts dept. the employees f & f has not been done. And she has submitted her resignation to the HR Manager, which was also accepted by the HR. And the employee served 60 days notice period. Is there anyways that we can speak to the employee directly and settle the issue out of labour court? or as we received the notice, we should attend ?
Regards
Kalpana

From India, Hyderabad
Now best you can do is pay the employee his F&F dues and the interest for delayed payment at the rate of 30%.
From India, Madras
Double check whether it is just a lawyer's office notice or a summon from Labour Tribunal.
If from tribunal, represent and inform the court that you are ready to settle now - Represent you are newly joined and wants to keep adherence of organization on par.
If from Lawyers office, call the employee to your office and settle it down.

From India, Madras
Dear Kalpana,
Without any complaint, labour department can not issue any kind of letter/notice against the company. So, you can not deny any kind of legal complaint. You simply work out her dues, what you had to pay in proper manner. Prepare your Authority letter to attend labour Office or contact your legal adviser if any.
If She has served notice for 60 days. What is time period of notice as per your company? Please clarify her tenure of work. Is her service period is more than 1 year?
If you need further advise then contact me.... 8826100445
Thanks
Ranjit Samal

From India, Delhi
Hi,
if the documents like resignation letter, no dues etc. are not available in the personal file of that employee then there is nothing to worry abt the notice. just prepare a reply alongwith the copy of documents available in the personal file and show it to the labour cout and ask how can you do full and final without having the required documents.
if there is no issues against that employee, ask that employee to submit the required documents and the prepare full and final. its better to solve the case out side the court.
Thanks & Rgds
Ranveer

From India, Gurgaon

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