Legal Analyst, Hrm
Assistant Manager Human Resources
Director , Board Of Occupational Soft Skills
Manager Admin & Hr
21st March 2014 From India, Delhi
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?
22nd March 2014 From India, Calcutta
22nd March 2014 From India, Mumbai
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.
22nd March 2014 From India, Delhi
24th March 2014 From India, Gwalior
24th March 2014 From India, Mumbai
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.
24th March 2014 From India, Mumbai
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
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
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
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
28th March 2014 From India, Ahmadabad
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