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Dear All,

I request all to provide the suggestion on the below case.

Mr. X worked as MR with abc ltd. He resigned from services in the month of January and served one month notice pay. Since, he was field employee his attendance was marked based on the DSR approved by the manager. This DSR also formed as basis for reimbursement of travelling expenses. He resigned from organization on 6th January and got relieved on 6th Feb by serving one month notice as per policy. The organization issued the relieving letter dated 6th Feb. He did not submit the DSR for the month of January as well as February. Since DSR is the basis for considering the attendance, he was marked absent for the month of January till February and his salary was not processed and paid. He submitted the DSR in the month of July as his salary was not paid. The reason for delay was informed as personal reason which has not been acceptable by his manager. Also the DSR report submitted was not signed by his manager.

The queries.
Shall Mr. X get the salaries till 6th Feb as organization issued relieving letter for the said date.
In such cases, where employee resigns but does not attend office or report directly on last day, is organization bound to give relieving letter as per the one month notice pay and the full salary of the month.
Is there any labour rule or law governs such act?
21st August 2017 From India, Mumbai

Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
Dbpawar
Service
Narayanrock
Hr Executive
Upadhyayarvind104@gmail.com
Manager-hr & Admin
+1 Other

Dear Deepak,

On receipt of the letter of resignation from the employee, generally employee is issued letter on acceptance of the resignation letter. In this letter, procedure for separation from the company is enumerated. In this letter, points on handling/taking of the company assets, procedure for the clearance is mentioned. Did you issue this letter?

DSR from the employee is equivalent to the attendance sheet of the employee. However, non-submission of DSR, should it be construed as absence from duties? Did employee attend duties or not? If not, then why Manager was silent? After a week or so, why Manager did not communicate his absence to his seniors as well as to the HR Department?

If the employee was absent then why letter from HR Department was not sent to the employee? If the employee was not paid salary for the period 1st Jan 2017 to 6th Feb 2017, why communication was not given to the employee clarifying why his salary was not processed?

Now clarify from the Manager of the employee what has happened actually. You need to close this case. Therefore, send the unsigned DSR to the Manager and obtain confirmation. Depending on the certificate provided by the manager, employee will become eligible to get his salary. However, communicate on the eligibility of the salary. If the employee was really absent from 7th Jan 2017, then treat 6th Jan 2017 as his last working day.

Thanks,

Dinesh Divekar
21st August 2017 From India, Bangalore
Dear Dineshji,

Thanks for your detailed reply.
21st August 2017 From India, Mumbai
I agree with Mr. DInesh ,One more thing
DSR is Daily sales Report which should be submmited on daily basis,may be one or two days he forget to give you hard copy but has he submmited soft copy for the same on reguler basis,
Definitely Reporting manager was not doing his duty well, According to me please collect his DSR and match with your sales report found ok make payment,


Thanks
Arvind Upadhyay
24th August 2017 From India, Delhi
Dear Deepak,

Fault lies with Manager as well as the concerned employee. The manager is more at fault by virtue of being senior.

An employee is an employee till the last second of the working hour on the last working day.

If the employee did not submit his DSR why this fact was not noticed by Hr & Commercil in reconcilation of the data.

Because an employee committed a mistake, the employer can not be absolved of his legal 7 moral responsibility to pay the employee.

Please correct the mistake & pay him immediately.

Warm regards

Bharat Gera
HR Consultant
24th August 2017 From India, Thane
Dear All;

What I gather from this case is that the employee submitted his resignation. Employer did not issue acceptance letter, but kept quiet which is wrong. After one month employer did not pay final dues, which is correct on the principle of no work no pay.

But here employer is napping. Notice period of one month is one month actually working. If employee is absent for certain number of days during notice period, the notice period is extended for those many days. It is effective one month notice.

Now the wisdom is to let it go as it is. Do not pay. Issue relieving letter if he requests.

Vibhakar Ramtirthkar 9371001906
28th August 2017 From India, Pune
You must ask for DSR.
You can hire most suitable candidates. Find such candidates on QuikGiring job app (quikhiring.com)
28th August 2017 From India, Noida
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