I think you've misunderstood. The payment is hold only for one month that she served i.e. from 01st of month to 31st of month. She resigned on 31st evening. And the appt letter clearly mentions 15 days notice or salary in lieu of notice.
Yes the non acceptance of the resignation was informed to her with reason. Just that, because of the misconduct company did not want her to come back and serve notice. It was even told her that we shall make payment of 15 days (half month salary) but she is not agreeing to it.
And all the efforts have been made - F2F communication, understanding her viewpoint, making her understand the company policy etc...
With such intention, I do not feel that she'll be loyal even with new employer as this issue is with integrity moreover then anything else.

From India, Ahmedabad
Dear Mr Hiralal,

I have a few observations.

1.0

The text of resignation shown within inverted commas

does not specify the effective date of resignation. It is an incomplete resignation letter.

2.0

It is mentioning only the intent to resign.

3.0

The letter also does not mention the commitment from her side -

probation period/ notice period/whether she would pay in lieu of 15 days etc

4.0

When you gave appointment letter, did she give acceptance on the duplicate copy.

The conditions of appointment order ( accepted) are very important.

5.0

As already mentioned if it is not worth fighting it can be settled.

But before that all other employees should know that things cannot be taken for granted.

A strong letter from HR should be sent stating that the company would soon send a counter legal notice.

6.0

As a part of the letter that would be sent to the employee in question, reasons

for not paying the salary could also be stated.

V.Raghunathan..................................... ..........Navi Mumbai

From India
Thanks a ton for your observation. Clarification & doubts to your observation goes like this;

1. That's true. It is just on the grounds that the mail was dated 31st of the month at closing hours we presume it to be that. Now is it a valid thing to do? Does this resignation serve her purpose of claiming forceful resignation or does it favor company?

2. Which means it is not a forceful resignation. Basis this it is very clear that her intention was to intimate (so that it does not amount to absconding).

3. Ofcourse, she was not willing to do so & that's why it is not mentioned.

4. Yes that is already there with the company.

5 & 6. The point is she does not want 15 days salary. Instead the notice from her mentions 2 things;

a. Salary for the entire month she served

b. Notice pay for 15 days which she did not serve

Isnt it too much for her to do. Let me also clarify that the 15 days notice mentioned by the company as a part of appt letter is the maximum days. Till date, on the employees request it has always been shortened to 2 to 3 days. We plan the entire handover process accordingly.

This is very well intimated to all the leaders & further to all employees.

Should the company still settle the amount of 45 days or not?

From India, Ahmedabad
Hi Hiral,

It's good to see your replies to all comments.....

If all your replies are genuine, then following possibilities can be deducted:

1. She did not want to abscond to start with. If it was not forced resignation, then it must have been based on personal reasons, which she may not want to disclose. It is clear, that she did not care about the salary much, when she resigned.

2. In your reply to her absence/resignation, did you mention to take legal actions (Especially for 'deleting company data')? Then she must have seeked legal help.

2. It looks highly possible, that she is following advice from a legal person (A friendly lawyer maybe), who assured her to get her the full pay, if they pose it a forced resignation.

3. If that is the case, you will have to respond legally (With a counter legal notice as reply to her e-mail), just to clear that if needed, you will agree to take the matters further.

It is unfortunate, but sometimes unavoidable....

Involving legal consutants / lawyers in such small matter (only a month's salary on issue) will complecate matters for both parties; Also end up costing in terms of time & money for both...

But the one who engages this route first, drags the other party in to it; & must also be ready to face it until the final result.

Best Regards & Best of Luck!

Amod Bobade


Dear Hiral,

The employee concerned(being termed as such for want of acceptance of the resignation) has committed a grave act of misconduct. Whether or not the pc contained a classified/ important information she had no business to clear the entire data. Further, she was not an unskilled worker hired from the street to work in the house hold who, one day, decides to quit the job and stays off without pre-informing the house hold of her intention not work there any more. She was an employee properly employed and governed by interalia the conditions of the letter of appointment hence will not within her right and duties to quit the job one day on her whim. Moreover, she is not the deciding authority as to the nature of official information stored in her pc which needs to be retained or trashed.

Please place all facts before your lawyer/ labour-law advisor or law department and have prepared and sent to her per registered post a comprehensive letter addressed to her as to the losses and inconvenience sufered by the management and have rightly withheld her payment to adjust against the notice pay and also towards meeting her liabilities to the management.

Rest assured she cannot claim her unpaid wages/pay in the above circumstances.

Regards

S.K.Johri

From India, Delhi
She has the right to resign , but the company need not go for full and final settlement in this case, issue her a legal notice before she send you one demanding the presence of the person in the company and you can hold the inquiry with your management against her and ask all the questions and demand for the justification. And clearly mention this on a notice period mentioning the specific date and time of the enquiry failure to which criminal prosecutions would be done.

In that Show cause notice, and also demand for the reasons ""Unemployment case, due claims due to forcebale resignation obtained by your Company" for this statement and people responsible for the same.

After that notice, conduct an inquiry like a meeting, with her alone and with the related management members, write down all the points discussed and take the signatures of the 2 witnesses atleast. At this stage,all the confusions must have been cleared, if the management feels the case if genuine and has no important data was available if available make her responsible, legally, to create such data or pay the compensation.

Next stage, if the results are positive go for F&F otherwise, make her legally bound to stay her attached to the company till the company is compensated in anyway either the data covered or damages paid......

It is not mandatory to hire an Advocate for this. And this simple procedures is always legal, safe, less cost and time and beneficiary to both in all the ways....... And send her the notice through the registered post immediately you see this reply to avoid the matters getting complicated and evidences being manipulated........

(you need not worry about the language of the notice as far as the matters are clears as you needed would do....... any amount of delay is not encouraged.....)

Beyond this if you need assistance during the inquiry you may feel free to send me a mail to , .........

From India, Bangalore
Dear Mr Hiralal

She is not in a big position and the Company should not get perturbed on this issue. I get a feeling ...not based on facts you had been giving but based on my gut feeling on your prompt responses....that the Company did not want her and ensure that she gives her resignation. It could be the Company or her boss,

I have in the past handled a few cases of resigned employees going to court. I have never made any out of court settlement for them. The language is ok and whatever may be the facts, plain reading gives that she has resigned on her own

Relieve her as per norms of the Company. If she has to give 15 days salary in lieu of notice deduct from her. There is also another way of handling it

1. Date of resignation 30th of the month

2. Not coming thereafter

3. Has to give 15 days Notice

4. relieve her effective 15th of next month therby show that she has served notice period

5. If she has earned Leave to her credit treat this period as on Paid leave to the extent of the number of days she has credit.

6. If she does not have leave. treat it as on loss of pay

I do not undestand where from she can claim 45 days salary If you have already paid her salary for the previous month. then there is no claim If you have not paid then better to pay immediately

She can not claim 15 days notice pay from the company for forceful resignation However if she has leave, which in any case need to be encashed can be adjusted against Notice Period and her salary paid for that period. If she has no leave, then leave it

T Sivasankaran

From India, Chennai
Dear Mr. T Sivasankaran,
I completely missed your suggestion all these days, apologies. Well, like you rightly said we have sent her a notice saying that the company is ready to pay 15 days salary (30 days was her presence less the notice pay which company has the right to adjust against notice period). Well she didn't have any leave balance to her credit. It is her call to accept or to go to labor court. Any which ways, company is not going to pay her either 30 days or 45 days salary. We've roped in a lawyer as well.
Thanks for your suggestion.
Regards,
Hiral

From India, Ahmedabad

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