QUERIES
Dear all seniors, greeting of the day!!!!!!!!!!
One of the our senior staff has left his service on 4th jan 14 without prior notice from the post of AGM of the co., and he has send resignation via mail on 12th jan 14 for F&F settlement, so my query is if,.....
The Termination clause in his issued appointment letter exactly says - After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 month's notice in writing to that effect or by paying notice pay in lieu thereof without assigning any reason whatsoever.
then what action can be taken against him legally or orally??????????????
pls guide me what should we do????????

21st March 2014 From India, Calcutta

PARTICIPATING IN DISCUSSION:
Psdhingra
Legal Analyst, Hrm, Domestic/ Departmental
Rkn61
Hr Manager
Abedeen7
Assistant Manager Human Resources
Arpnmeet@gmail.com
Sr.hr Executive
KARTHICK HRSSS
Director , Board Of Occupational Soft Skills
GOPALPERIWAL
Gm-commercial
Cameo
Manager
Pravinbhingarehr1
Manager Admin & Hr
Diwan_bisht123
Manager Hr
Kavita Paruthi
Hr Fresher
+3 Others

From 4th Jan till 12th Jan have you ever send any letter stating unauthorized leave ??? Secondly send a reply stating termination clause and demanding the notice pay
21st March 2014 From India, Ahmadabad
Issue notice for deposit of 3 months' salary in lieu of notice period.
21st March 2014 From India, Delhi
thanks for your replies!!!!!!!!!!!
but sir,
he was our one of senior staff, so we have not issued any this kind of notice, then what action he will take agst the co.
and what action we have to take agst. him
and what should we do if he will come for his F&F settlement?
pls guide...........
22nd March 2014 From India, Calcutta
Simply send him/her the notice stating the Termination clause and to deposit the Notice Pay alongwith all company assets if any
22nd March 2014 From India, Ahmadabad
Firstly Check your company policy,whether company ask notice period of 3 month from leaving employee or not. If ans is yes, u should ask for notice period. He didnt complete his leaving formality and specially when you are on senior level, so no need to pay full and final settlement till he give 3 month notice period or equal amt.
22nd March 2014 From India, Mumbai
Dear friend,
Your scenario gives rise to the following issues in major:
1. his reveling / resignation acceptance;
2. his Experience letter;
3. his F&F; and
4. recover any and all company assets in his possession (including laptops, ID, access cards etc.)
Now, the questions is, what are rights and obligations of your company:
1. your company has a legal right to recover 3 months' salary against notice period adjustments (as per the employment agreement stated by you above);
2. your company has a legal right to recover all company assets in his possession; and
3. your company has an obligation to give him his reliving letter and F&F.
Hope this answers your questions, you can reach me at below email, in case you want to discuss this in more detail.
Regards,
Jay (jppandey83@yahoo.com)
22nd March 2014 From India, Delhi
Full & Final settlement itself mean "Full & Final settlement of dues" which applicable on both employee as well as employer. Also full & final can be either payable to or recoverable from employee. A senior person like mentioned in your query must be understanding all these. The notice period pay payable and or recoverable as per the condition in the appointment letter can be recovered from the employee if you have got an accepted copy of the appointment letter from the employee. As far as you as an employer is concerned you should make out final statement of F&F and at least communicate the employee if you have to recover amount from him including notice period salary. Further there can be several remedial measures if leaving employee does not honour to his commitments.
24th March 2014 From India, Gwalior
The appointment letter gives equal right to the employer and the employer to terminate the agreement by giving 3 months' notice to the other party, you are well within your rights to demand amounts equal to three months' salary from him irrespective of the position he was holding, prior to his resignation, in your company. You are also well within your rights to recover costs of any assets (laptop, cell phone, etc.) that your company might have given him for his official use. First of all, reply to his mail (don't write a mail, send a letter by Registered A.D.) citing the clause in the appointment letter and asking him to remit notice pay. Also mention that, if he fails to do so, the company shall be constrained to deduct the same from his dues.
24th March 2014 From India, Mumbai
Dear Sri. Bisht,
Irrespective of Position (Senior/Junior), every employee is governed by the policies of the company & they've to respect & abide by these policies. Don't hesitate & send the concern employee a notice to serve the notice period or pay in lieu thereof, as stated in the termination clause in appointment letter.
This will be exemplary for the others also.
Best Luck
24th March 2014 From India, Mumbai

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