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Rajeev Kumar P
Excel Technologies Limited / Asst Manager
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.
5th May 2013 From India, Delhi
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
5th May 2013 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.
5th May 2013 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.
5th May 2013 From India, Delhi
Dr. Prasad Bhanage
6th May 2013 From India, Pune
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.
6th May 2013 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 !
6th May 2013 From India, New Delhi
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.
8th May 2013 From India, Rajkot
You have not mentioned the reason for termination.
1) if the termination is on the ground of poor performance after following the process of Improvement plan for some duration and amicably accepted by all parties, then the relieving ad service certificate will be provided after the full and final settlement, The companies have various SLA's on the process.
2) If the termination is based on unethical malpractices or serious violation of policies , where after setting up the inquiry process , the investigation team produces the report with artifacts .if the charges are proved , then termination is within 24 hours and termination letter will be provided to the employees,
Hope you are clear now.
14th May 2013 From India
I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.
Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.
So company stated below to employee:
1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where
2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,
Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.
Please any one has answers kindly request them to post the same.
26th September 2013 From India, Mumbai
I AM WORKING IN A EXPORT COMPANY IN ANDHERI WHICH HEAD OFFICE IS IN CHINA AND ITS WORKING IS LIKE OLD TRADITION ( CHOPDA PUJAN ) AND THE EMPLOYER AND ITS MANAGER MINDSET IS NOT PROFESSNAL THE GIVE BAD WORDS IN FRONT OF ALL CHINA STAFF AND TAKE INDIA PEOPLE OVER THERE TO WORK LIKE SLAVES.
MY QUESTION IS THIS.
IF A PERSON IS GIVING HIS FULL DEDICTION TO THE COMAPNY EVEN THOUGH HE IS APPOINTED AS AN SHIPPING EXECUTIVE AND ALLOTED TO WORK AS AN QC EXECUTIVE AND HANDOVER ALL THE WORK WITH INTENSE PRESSURE AS THEY HAVE TO SHIFT AND START ALL THE BACK OFFICE OVER HERE IN INDIA.
AND NOW AT THE TIME OF INCREMENT THE JUST INCREASING THE SALARY BY 2000 INR WHERE I ASKED TO INCREASE IT BY AROUND 5000-6000 INR AS PER MY WORK AND HANDLING A TEAM OF 3 MEMBER AND ALL AT A GOOD SPEED.
SO A SINGLE STATEMENT ( YOU ARE GIVING AN INCREMENT LIKE A CHILLAR TO ALL ) CAN MAKE THE HEAD HR TO TERMINATE A EMPLOYEE.
PLZ REPLY SOON.
AWAITING YOUR REPLY,
3rd June 2015 From India, Pune
5th June 2015 From India, Kolkata
Therefore Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of people to whom you must send notices...........
Yu can also tell him that you are being victimised since you exposed illegal acts.
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Consult a lawyer who may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know how to handle such issues well.
I do hope you have all your salary slips,resignation letter and acceptance by company,Form 16 etc,They also serve to prove your experience.
3rd July 2015 From India, Chennai
I joined a company and the company terminated me in 15days time without any information or any proper reason. They say they cannot settle my pay and when I launched a grievance, the company's legal advisory says that the company is planning to raise an FIR against me. I know how stupid that is. But is there any such way? Just for a clarification. Here, I would like to mention that I wouldn't have put a grievance if the company reacted well.
28th January 2016 From India, Bangalore
One of our employee got terminated due to sexual harassment with the worker, i have a question now after termination we need to pay one month salary or not? if yes y we need to pay due to his undisciplinary action we terminated him.
Please help me and give your suggestion.
2nd February 2016 From India, Bangalore
My Self Rajeev, I got verbally termination from company, cause of chatting against the company and seniors(Outside the company)after taking apology letter from me, have terminated me from immediate effect and they are not ready to process any thing for me, more than one month salary re leaving letter etc and not ready to except resignation letter too, without their signature i wont be able to withdraw my PF as well. Kindly give some suggestion.
Thanks & Regards
12th March 2016 From India, Bengaluru
13th March 2016 From Saudi Arabia, Riyadh
If HR dept got complaint of sexual harassment against an individual there should be an committee under sexual harassment rule who will responsible to conduct inquiry in the matter. After proper inquiry if person found guilty then punishment should be as per company standing order which include even termination of job. Seizing of employment itself is strict action/ punishment for such employees. For one offense one should not punished multiply. Stopping of payment and non issuance of relieving letter shows cheapness at the part of employer as well is against the natural justice. Dues has no relation with misconduct we can't stop earnest money of individual.
If level of harassment is high then complaint itself goes to police and judiciary may decide the punishment.
2.) Verbal termination.
Dear Rajeev verbal communication has no definition but in your case things are different, in my view company don't want you anymore so there are no reason to stay and fight. They will use all the tactic to get you out. I suggest you keep away yourself from cheap master.
22nd May 2016 From India, Chandigarh
A company can terminate the service of an employee for misconduct which may include chatting during office hours with an outsider. However, while terminating for misconduct, the company has to issue charge sheet, conduct enquiry and only on the basis of report of the enquiry officer the company can terminate the employee. If the company does not follow the procedure, then the entire termination becomes bad in law. For you condition, your termination is bad in law and you are still under employment if you wish to challenge such termination.
Depending on your salary and tenure of service, you are also entitled to other benefits including statutory benefits, if you accept the illegal termination. Please consult a labour lawyer with all your documents for better result.
Check my blog at www.labourlawhub.com
22nd May 2016 From India, Kolkata
First of all you provide Termination letter and also takes receiving from him. If she/he refused to take this letter you must provide by Reg. Letter. After received / Reg. Letter you must provide final payment with full termination benefit with in 7 working days. He/ She also having right to give release letter.
23rd May 2016 From Bangladesh, Dhaka
Iam working as a Administraction Manager and our company ever listed under PF & ESIC, now its time to act and get benifited under Camp scheme & PMRPY schemes. we have wages and salary category.
Now please help on the benefits details to be given for Employees, like Leaves, and OT Calculations etc with circular if any one having.
18th January 2017 From India, Thrissur
I was working in a Pvt. Ltd Co. In N.Delhi. Due to some urgency, I took a leave but I called the Founder n Co-Founder of the Co. and when I rejoined the Co. I found a mail saying that this is a warning letter as you took a leave without giving any information to the Co or management and this cause a loss to the organisation. They also use to give salaries in two instalment. After few days they mail me a Termination letter And now they are demanding for their properties and m saying to do full n final first. Now they have started threatening me on mails by saying that they will take a legal action against me.
Financially m not that strong to fight with them.
So please guide me what I should do for my right wages.
26th August 2017 From India, New Delhi
28th August 2017 From India, Delhi
If some leave the job before completion of 4 years they have to pay bond amount Rs. 180000. In between of 2nd or 3rd year my friend had been terminated from job due to poor performance.
Now my friend paid all dues and also bond amount but bank denies to give reliving letter and bank told you were terminated from job so that we can't give you and letter or reliving letter.
1. If some pays loan amount against course so why bank imposed bond on it. And course was no unique it's similar as MBA diploma no such training provide in which bank property used not even any confidential information.
So why bond amount is need to pay.
2. Now bank not giving and reliving letter and experience letter what should I do now.
Kindly help me out above mentioned 2 points.
30th July 2018 From India, New Delhi