Industrial Relations
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can we logged a case on employee if after giving resignation he is not completing notice period, or he is giving a notice period less then as mention in appointment letter.
what will be the process for full & final sattlement.
for example- notice period in appointment letter is 30 days & employee is given 20 days.
terms is one month salary or one month notice period from any side.
please suggest in this regards.

From India
Dear Rajesh Kumar

Why do you want to make so complicated in making the Full & Final Settlement for an ex exployee.

He has already served 20 days of notice period. Balance is only 10 days. Please check how many days leave encashment is pending in his credit. You deduct that days also. Further if the No of days is pending from the employee side, please do inform him to submit a demand draft for Rs..................../- as the same is for compensating his notice period ____ pending for serving. Then you can give the elaborated details like total period served in notice period ____ days. Leave encashment adjusted in Notice Period ____ days. Balance payment / Recovery effected Rs. _____/- . Hence you can send the cheque for the amount or you can instruct the ex-employee to pay a Demand Draft for Rs.______/-. On receipt of the same his releaving letter / Experience Certificate / Last Pay drawn certificate will be issued and his PF Claim will be processed.

If you write simple letter like this, obviously the ex-employee will surely respond you and it will get amicably settled.

From India, Kumbakonam
I agree with Bhaskar. There is no point in creating an unnecessary hassle in this matter. Your duty should be to make sure that the leaving formalities are done properly and the handover is completed in the time period the employee serves the notice period for. The balance days can be adjusted against the remaining leaves and the full and final amount decided accordingly.
In this case the employee is serving the notice period of 20 days. He is liable to get the salary for that period. plus if, there are balance leaves in his quota, then he is liable to get them redeemed as well.
So, as a part of full n final settlement, you can deduct the amount of remaining days from the amount he has earned in the last month of his employment and pay him accordingly.
Here, the employee doesnt owe any amount towards the company as he is already serving 20 days.
Hope this helps

From India, Delhi
Dear Rajesh,
I am in agreement with the above two colleagues that the matter under reference is not worth clamouring . In the given situation normally two alternatives exist;
a. adjust ten days leave, due to the employee to adjust the shortfall in the notice period; and
b. adjust the payment due to the employee for the period short of notice.
A third situation can also be counted to write to the person concerned to send a DD to the management for the amount short of the notice.
However, the last alternative is not recommended as it is vague to the extent as dependent on the person concerned.
You may like to choose either of the two options .Pl. remember that we have many more important jobs to do in industry instead of chasing the one under reference.

From India, Delhi
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