Dear senior,
Plz help me in this regard.
One of our employee who works in different state we had intimated her for her employment confirmation by a normal email stating that you are confirmed in company from so date.
She got all benefits like, pf,esic etc.
As per her appointment she was supposed to serve 2 month notice period after confirmation.
Now she has resigned but clearly denying to serve 2 month notice period. She is saying you hv not given hard copy so I am not confirmed.
Also in our company there is policy that d day employee puts paper that particular month salary and next month salary both goes for fnf.
And on last working day after receiving clearance form we pay entire salary to employee. We don't hold it for another 30 or 45 day.
Now issue is this that one side she denied to serve notice and also she is threatening us to approach to court if we don't pay her salary of the month she resigned.
I want to know that are we at fault as an employer,?
Our management is very polite, they don't trouble anyone unnecessary , but in this case I am thinking that girl is taking us for granted.
Plz suggest what we should do.

From India, Mumbai
Bharat Gera
Principal Hr Consultant
Deputy Commissioner Of Labour..a.p.


your query is not full sir. first thing you should note. any employee is eligible for salary for his working period undoubtedly.
secondly Mail information is enough for any communication including any posting peomotion transfer removal orders. she can not demand for hard copy. if your vertion is true.
now come to salary payment. advance vouchers to ur fnf etc is noway concern to employees.. its purely its ur internal structure of paying salaries. an employee has no role in it. if her working period is confirmed pay for it.
And dragging her to court for not followed y our conditions of resignation is clearly waste of time. pls. Goahead sir

From India, Nellore

Thank you sir for suggestion. Sir we have policy for that an employee salary will entirely go for fnf from the month he or she resigns. Let say notice period is for 2 month ,employee resigns in may month so may and June mOnth salary will go for fnf.
On last working day employee will get full salary. let say it it is 30 June as employee resigned on 30 april..
This is same in her case and she is threatening to go to labour court.
Also if she is not serving notice period, then too we have right to hold her salary as recovery for less notice period for one month.
Plz correct if are doing something wrong legally.

From India, Mumbai

Typical format of paying salariea.. put up file for rectification or amendment... No legal platform supports your policy... suppose if you remove one employee you will give salary after two months... Who said to frame like this type of payment of salaries to your employees... if one employee resigns like this case.... convince he or she about your laid format... if she bears delay well and good... if not try by all means to smoothen the transaction as your management is too sensitive.... Dragging her to court for breaching the contract will not at all be approved by your management though she is fault... Paying the salary with amicable approach is dignity.
usually a company is like a huge elephant and Employee is an Ant. an ant can climb an elephant but an elephant can not... try on ant.. Any effort such be opposed by nature...

From India, Nellore
Bharat Gera

Dear Friend,
Policy of holding salary for two months is entirely Company policy is not supported by any law of the land.
If the employees has given proper notice of two months, s/he is entitled for salary of one month in the usual course, second month's salary can be paid with FnF.
It is surprising to note that you do not consider the hardships of employee for his day to day expenditure required to feed & run the family.
So far as point of confirmation is concerned you are correct, if the mail has been sent by appropriate authority, it is sufficient evidence of confirmation. Argument about hard copy is not relevant.
Warm Regards
Bharat Gera
HR Consultant

From India, Thane

Dear Friend,
You have already confessed that fault lies on your part. It is better to pay and leave the burden apart. Now it is a good lesson to rectify the missing link.
Whether the email communicated to the employee having all the terms and condition that would applicable to one on his confirmation to service?
You pay one month salary and asked the employee to complete the exit procedure for which her payment is kept on hold. You can follow this seing the condition.

From India, Mumbai

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