Employee Comples For Settlement After One Year - CiteHR
Meenu08
Hr Professional
+2 Others

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Hi,
I require your kind advice on this matter. We had an employee working for about 4 years, who quit us more than one year ago in 2012 because he got a better job opportunity. He had served only 25 days notice against a notice of 2 month, and then after receiving that particular month's salary, stopped coming to the organization, as he wanted to join some other organization early and was not willing to serve complete notice period. He was at a senior position. He didn't even come back to us for final settlement.
Now after about more than one year he calls up HR and is asking for PF withdrawal. Though we have no problem in doing that obviously, however can we ask him to first settle his dues with the organization as he stopped coming without information and he owes payment of his remaining notice period to the organization which he didn't clear? let him pay the organization the remaining dues esp when he didn't leave on a perop
Please advise.
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dear sir, You can ask the employee to pay up the dues but cant withhold pf for that purpose. It is his choice whether to pay up else you have to file a money claim.
Yes I'm very much aware that we cannot withhold the pf process however we should at least ask that person to do the settlement in a proper way.
Also, I wanted to ask another question, if an employee absconds from the organization and then come back later and claims for compensation or final settlement dues , considering he was not part of PF and has no PF dues, just the salary......till how long are we supposed to keep all the details and entertain esp when the employee absconded and didn't leave on a proper notice.

Dear Meenu
Now there is no dispute about your libility to pay his P.F as you have also admitted your liablity to pay it independent of F&F settlement. Now you want claim salary for the short fall of the notice period. What did you do during this intervening period of one year?.Have you sent any communication, informing him that he was unauthorisedly absenting and futher committed breach of contract by not complyng with notice period.? If not, probably presumption can be drawn that you have waived the notice period and consequently your claim to wages for teh short fall of the notice period.
B.Saikumar
Mumbai
Dear Ms. Meenu,
He is a Senior employee claiming for his F&F will definetly have an idea that he has not remained decorous in terms of his leaving or notice to company. Therefore, yes being a virtuous employer you have implied you decision to make a final settlement with respect to the due payment of hsi remaining notice days without initiating any dispute. Wht-so-ever is the reason have this cleared, but make sure you take an acknowledgement on the settlement made for future prospects.
Yes we sent him an email asking him to come and settle his dues.
also another question that I wanted to ask you was that if an employee absconds from the organization after working for one month and then comes back after 6 months and claims for his salary....then what is to be done in this situation? what is an employee comes back after one year? what is the time period maximum till which we as HR are liable for his final settlement if there is a gap between his leaving and his claiming for final settlement.
pls advise.

Dear Meenu

If an employee is absconding, you should immediately initiate steps as per standing orders or service rules or terms of contract/ appointment by sending him communication that his absence is unauthorised and that he is not entitled to any wages during the said period and that he is required to report for duty immediately. On his reporting for duty, you can seek his written explanation for his unauthroised absence. If the same is not found satisfactory, you can initiate disciplinary action for the misconduct of his unauthorised absence.If he does not turn up even after such communications and within the stipulated time prescribed under the 'loss of lien' clause in the standing orders/service rules/contarct, treat him as having lost his lien on job or voluntarily abandoning his job.However he will not loose his lien on the dues payable to him like salary, if any, bonus, if any and gratuity etc. His claim to these dues is not time barred.

B.Saikumar

Mumbai
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