Compensation [Thread 351724] - CiteHR
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Dear All, I want to know that company is liable to pay compensation if person has worked for 3yrs. if yes than how much regards Deepak
Dear Mr.Deepakthapliyal
Your query is not clear. Is the employee still in service or has left the service on his own or was he dismissed from service etc., Please furnish full information.
With regards

Sir,
he has left the service on his own and working under contractor payroll for last three months, prior to that he was casual ( without any roll). Now he has filed a case and demanding for compensation, notice pay etc.

Dear Mr.Deepakthapliyal
When the worker left on his own did he give his resignation? Is the contractor working for your company? Prior to what date he was working as casual. How the casual employment came to an end. Please furnish information

Sir,
He has not given any resignation. yes contractor is still working for our company. till 30th november he was working as casual ( without any benefits like pf, esic etc). than we put him on contractor role.

Dear Mr.Deepak
Still your query is not clear. However, as he had left on his own and had not given resignation and if you had not taken disciplinary action for absenting from work, he would say that he was refused employment and claim either reinstatement or compensation
With regards

How to do full and final settlement calculation as well as if terminate to employee on any reseon, then how to do it’s full and final calculation, please explain me.
Dear Pradeep,
In the event if employee resigned the full & final settlement shall be
1. he is entitled for unpaid salary for current month,
2. he is entitled for leaves in balance upto the date of resignation,
3. he is entitled for gratuity if completed 5 years of service,
4. he is entitled for unpaid bonus upto the date of resignation,
In the event if employee has been retrenched legally the full & final settlement shall be added compensation @ 15 days salary p.a.multiplied by his service year and one month notice pay if the notice has not been served.
Regards,
KIRAN KALE

Dear Deepak,
I have gone through all your queries and found that the case is very critical.
u if u r hr person u can not say that the person is not on muster roll and like that. U have to find out the exact remedy on it. if a workman has filed complaint against ur company under sec.2 A of ID act then u have to face it. u just call him back on his post immediately and put his name on muster roll. by this way u can tackle the problem. or otherwise without any record or evidence to this effect u could not achieve the goal.
regards,
KIRAN KALE.

Sir, Thank you sir for giving me valuable information Actually our company has shifted from one place to another. and he is not willing to join us regards Deepak
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