Legal Analyst, Hrm
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Kavita Paruthi
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Thread Started by #diwan_bisht123

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
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.
Jay (
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
So far as company''s policies are concerned, if you want to be fair and impartial in your duties and responsibilities, you must not discriminate between the employees, irrespective of whether he is senior staff or a very junior staff when he violates company's policies and tends to cause indiscipline. If you adopt dual policies, you would become the cause of frequent trouble to the management when others would also follow the same path and start leaving the company abruptly like your senior staff and hinders the work of the company. Besides, you would be questioned for extending favours to the superiors, while juniors would suffer on account of your wrong policies.

So far F&F is concerned, question of F&F can arise only when he explains his conduct of becoming so irresponsible in leaving the company against the terms & conditions of his appointment. Clearly, he needs be issued show cause notice, why he should not be subjected to disciplinary action leading to termination of his service on the basis of his grave misconduct. In fact, being a staff at responsible position, he should not have set up such an example of indiscipline on his part. He should have meticulously followed the terms of appointment and resignation from the organisation.
25th March 2014 From India, Delhi
hiiiii, 2 all seniors, Dear sir, we have not post him any letter stating unauthorized leave & not demanded notice pay..till now so pls tell me should we send him the same reght now????????????
25th March 2014 From India, Calcutta
It is too late to send the letter of unauthorized leave, yes you can send a notice demanding the Notice Pay and proper handover for the smooth exit of the employee in response to the letter/mail received by you for FNF settlement
25th March 2014 From India, Ahmadabad
Dear Dinesh,
Good Evening,
Reading your statement could understand that your issue with a senior person, so my kind advise to you is that first have a oral discussion with him regarding the reason for an unexpected resignation, if you can exactly understand what his problem is, as a HR try to give a solution and bring him back to the company , an employee with experience is to be treated as an asset of the organisation. Second arrange an un official meeting him personally explain him the case in both way either of resignation under notice period or termination . you will yourself get a solution to go ahead.
First thing have a word with him orally .
25th March 2014 From India, Vijayawada
Hello Dinesh,
In my view, if an employee is absent then HR should enquire in case he/she may be in trouble or need help and you may be updated about the situation
Second thing take a print of his resignation letter and discuss with your higher authority what to do and how to handle the situation. He might have some confidential information and assets in his possession. Try to recover him at the earliest as may be misused. Regarding payment your organization may send him a registered post along with the copy of his employment letter and highlighting the termination clause.
The best way is have discussion with him and find a solution and at the worst organization may go the court of law.
Donít get personal and ask your manager to act in order you to be in safe side.
25th March 2014 From India, Bhubaneswar
First of all, ask him to report for duty immediately. (presume that he has proceeded on leave without permission/sanction
from the management). Also inform him that his period of leave of absence shall be treated as unauthorised absence from
duty and shall be treated as loss of pay. Give the option to him to either resign immediately or give three months notice
period as per his appointment terms. If he wants to be relieved immediately, proceed with that, but issue a resignation
acceptance letter, clearly stating that his salary in lieu of notice period shall be adjusted against his full & final settlement of dues.
How many years of services had he put in your company? This also matters, while issuing the resignation acceptance letter.
If the total dues payable to him is much less than his notice pay (this can be due to his short services), please ensure
that he deposit his salary to the company, before he is getting relieved from the company.
R K Nair
27th March 2014 From India, Aizawl
Hii Everyone
I am a hr in catering industry before my joining there is no Hr in our company. Now the employees of the company wants appointment letter. Is there any issue If I am giving them appointment letter with dated previous year.
28th March 2014 From India
Yes you can issue Appointment Letter to all the employees with retrospective date of their joining, but ensure you discuss with your top management and the signing authority would be the person from director level or management level who joined first in your company.
28th March 2014 From India, Ahmadabad
I agreed with the observation made by Mr. Cameo. If he fails to deposit the required notice amount you can detect his benefits or to demand the same by way of issuance of notice.
30th March 2014 From India, Gohana
i hope so ... more then 20 numbers are working in your industry right ?
before your joining , they have been maintaining PF right ?
so, Accordingly PF D.O.J you can issue the appointment letter , legally it doesn't create any kind of problem also and just inform to management once also
31st March 2014 From India, Hyderabad
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