Am working as HR executive, can you please clarify my below doubt.
If some one has been terminated by the company,he has not received any written mail from company, will he eligible to get the relieving letter and final settlement from company
From India, Hyderabad
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Whatever amount or perquisite due on employee's account it has to be paid. Merely an employee is terminated doesn't give power to his employer to stop all the payments due on employee. Issuing a relieving letter is not mandatory but it's solely up to employer's decision.
As part of full and final settlement employee is eligible for balance days of salary, payments against earned leave accrued, bonus and notice pay if employee is terminated on grounds other than act of indiscipline, embezzlement of company's property or funds.
From India, Delhi
Dinesh DivekarDear Sari Pavani,
Has the employee been removed on the grounds of poor performance? If yes, then what efforts your management had done to elevate his performance? Was he given sufficient warning for his poor performance? However, if the employee has been already been removed then it is binding on management to pay him this legal dues.
If it is on the grounds of indiscipline then it is important to terminate an employee by following the principles of natural justice and close the file. Once you do that you do not have to waste your time in settling past issues.
Management enjoys enormous legitimate powers at their disposal and they fall prey to the temptation of the on spot dismissal. However, large number of times, the aggrieved employees have gone to the labour courts and won the cases. Companies had to reinstate employee with back wages.
When you remove someone on the grounds of misconduct, it is important to conduct the domestic enquiry, award the suitable punishment. If the person is terminated then also it is important to complete "Full and Final Settlement" process. Withholding payment may satisfy ego of management but it is illegal too.
For Umesh: - You have given short but perfect reply. Thank you very much.
Dinesh V Divekar
From India, Bangalore
I am SR. Exe. In my company one of my employee left the service without giving any resignation and join other company' . My question is that we are left the employee from company record please give best solution for this.
From India, Delhi
Keep in mind; instead make it a practice of sending absconding notices to all such employees who are absent without information for more than 7 days.
Hence, in this case you're required to send absconding notice immediately to the employee through registered post preferably on his permanent address. In case, you do not hear anything within a week's time please send him a notice charging him working on dual employment with any pre-intimation and in that case his FnF will be held until he personally comes to you.
You cannot delete his name from your muster roll merely on doubt of his working on dual employment. You're required to send at-least three absconding notices. Sending absconding notice is to give an employee a last chance to appear on duty. If he fails to appear before you after three notices his name shall be deleted from the muster roll of your Organisation.
From India, Delhi
PSBIf employee is terminated he/she must be communicated officially mentioning the reason, date w.e.f., and also asked to handover the charge to any concerned employee. It has also to be mentioned that the employee is expected to settle his/her dues as per regular procedure of the organization. The only difference in this kind of sudden termination and normal separation is settlement of dues against any charges based on the reason of termination. It is mandatory to communicate and document everything very properly.
Dr. Prasad Bhanage
From India, Pune
Raj RajenderDear Panavi
First of all verbal termination has no definition thus it didn't stand any where. This show person has no fault but the company have their own short term benefit reason being company don't want to trained him for long term.
Second he can approach the labour court for harassment or pressurizing at the part of employer as well can report in the police station for humiliation and for the act of employer which is against the natural justice.
Last no employer can stop the payment in any case except of damage of employer property of misconduct subjected commercial loss to the employer.
In your case it seems employer is faulty and has to pay all his dues alongwith notice pay in lieu of immediate termination.
Wish you all the best.
From India, Chandigarh
In my career spanning 32yrs , in a Central Public Sector undertaking , I saw three-four such cases of termination by management of employees on grounds of indiscilpline etc, (but mostly because some top ranking manager wanted to show his power).However in all cases the management lost it out in the court of law and had to eat a humble pie and take back the aggrieved employee.Only difference was the management was spending tax payers' money in the court whereas the poor employee was spending his own hard earned money !
From India, New Delhi
sundar_mpmmy dear, please note that termination/resignation are important issues in an organization. please attend a training programme in learning how to manage the man management functions. best wishers,
From India, Pune
First we have to clearly understand that if anybody sale his/her work, defenetly we have to pay for service. if any absconding case or part of violance yet company has to pay according to his /her work.
If employee spend his time & give service, company should give them experience certificate as well.
From India, Rajkot