Threats by ex-employee - going to Labour court and filing complaint against us - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Raghunath_bv
General Manager-hr & Admin
Dmc123
Legal Consultancy
Umaemployee
Employee

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An employee of my company has left our office without proper handover. After going through his work, we found out that there are some discrepancies in his work and he has fooled us by not completing the designated work. After discussion with him, we told him that we will give you full and final payment once you provide us the work, but instead of completing his work he has started sending mails like going to Labour court and filing complaint against us. Kindly suggest being an employer what steps can we take? It would be really helpful if you can share the information at the earliest.
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It depends on the role of the employee. If he has been working with you as a worker category employee who is expected to bear lesser responsibilities , then you can settle the issue by making whatever is payable to him without delay. This is because, a worker is always protected by law. Moreover, the work of such an employee is not subjected to higher level assessment and if it is done, it will be assessed as a performance indicator of his supervisor only. Therefore, if after relieving the worker, you have found that something is not okay, you can take action against the supervisor to whom this worker was reporting or the supervisor who had initially okayed the work but you cannot initiate a proceeding against the worker. Again, the full and final settlement would include the unpaid salary, leave encashment and even the gratuity payable. Holding these statutory dues would invite a lot of consequences.

Coming to the a different situation that the employee was not a worker but has been working with managerial or supervisory role, then you can insist the person to compensate the loss to the company and hold the F&F till then. Supervisory power may include giving instructions to workers, sanctioning leaves of the workers, initiating disciplinary actions against workers or assessing the performance of the workers. In such cases, his intention of filing case in Labour Court will not materialise because such an employee's case will not be entertained in Labour Courts.

Madhu.T.K
Dear Uma,
Please reply to those mails clarifying your stand that you have not terminated him but he has left on his own will without completing his work nor handing over the charge properly. Please point out how he has indulged in negligence. Ask him to report for duty and after completion of the task, if he wishes to resign, then put in his formal resignation and upon acceptance and serving proper notice as per appointment letter, he will be relieved and final dues paid to him.
Dear Uma,
You have not specified as to under what cadre the employee was working, secondly, it is not clear whether any appointment is given to him stipulating the company's rules and regulation and notice period to be served in case of resignation.Assuming that you have specified the details to his work, his designation etc and in case the employee has left the organization with or proper intimation to the company, then you can hold his full and final settlement.
Also, you can direct that employee to complete his exit formalities and he has to obtain the clearance certificate from the Dept. he was was working, then only the F&F factor comes into picture.
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