One of our employees has left the company without notice and is now asking for the remaining salary. They agreed upon the company terms and conditions and signed on it.
Resignation and Termination
(a) In case you resign from the service of the company, you will have to serve a notice period of one month before leaving the organization. If you do not serve one month's notice period, you will have to pay the company your one month's salary in lieu thereof.
(b) You may also leave the company by giving one month's written notice or one month's salary in lieu thereof. In case of a 6-month probation, you have to pay 2 months' salary, and after confirmation, you have to pay 1 month's salary in lieu thereof.
(c) Your service can be terminated by giving one month's written notice or by paying one month's salary in lieu thereof after the completion of the probation period.
(d) In case of serious misdemeanor, questionable integrity, moral turpitude, false or incorrect information, or if you are found guilty of any other criminal offense, your service can be terminated immediately without a notice period, and you would not be entitled to any compensation in lieu of notice.
(e) The company may also terminate your service by giving 24 hours' notice during your probation period based on unsatisfactory performance without any compensation.
(f) If you avail unauthorized leave of more than 8 (eight) days at a stretch, your service shall break, and the company may terminate you if management so decides.
(g) The company can release you at its sole discretion upon your termination. If the company does not want you to serve a one-month notice period, the management can release you without serving one month's notice period. The company may accept your resignation letter and release you with immediate effect and pay you your final dues for the period worked.
(h) The company may pay you one month's basic pay if the company does not want you to serve one month's notice period, but this shall be paid only if management so decides.
(i) If you join any other organization without resignation or without full and final settlement by the management, HDML shall have the liberty to impose clause No. 2 (d) upon you. In such a case, the company shall not pay you your outstanding amount and reserves the right to claim the amount payable to HDML by you.
(j) You shall return all the company's property and other materials entrusted to you for the discharge of your duties, upon severance of your services with the company.
Do I need to change the terms and conditions? If yes, please suggest.
Finally, what legal action should be taken if the employee (absconded) is spreading rumors (bad information) about the company? We have witnesses. Please help.
Thank you.
Emma
From India, Belgaum
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Resignation and Termination
(a) In case you resign from the service of the company, you will have to serve a notice period of one month before leaving the organization. If you do not serve one month's notice period, you will have to pay the company your one month's salary in lieu thereof.
(b) You may also leave the company by giving one month's written notice or one month's salary in lieu thereof. In case of a 6-month probation, you have to pay 2 months' salary, and after confirmation, you have to pay 1 month's salary in lieu thereof.
(c) Your service can be terminated by giving one month's written notice or by paying one month's salary in lieu thereof after the completion of the probation period.
(d) In case of serious misdemeanor, questionable integrity, moral turpitude, false or incorrect information, or if you are found guilty of any other criminal offense, your service can be terminated immediately without a notice period, and you would not be entitled to any compensation in lieu of notice.
(e) The company may also terminate your service by giving 24 hours' notice during your probation period based on unsatisfactory performance without any compensation.
(f) If you avail unauthorized leave of more than 8 (eight) days at a stretch, your service shall break, and the company may terminate you if management so decides.
(g) The company can release you at its sole discretion upon your termination. If the company does not want you to serve a one-month notice period, the management can release you without serving one month's notice period. The company may accept your resignation letter and release you with immediate effect and pay you your final dues for the period worked.
(h) The company may pay you one month's basic pay if the company does not want you to serve one month's notice period, but this shall be paid only if management so decides.
(i) If you join any other organization without resignation or without full and final settlement by the management, HDML shall have the liberty to impose clause No. 2 (d) upon you. In such a case, the company shall not pay you your outstanding amount and reserves the right to claim the amount payable to HDML by you.
(j) You shall return all the company's property and other materials entrusted to you for the discharge of your duties, upon severance of your services with the company.
Do I need to change the terms and conditions? If yes, please suggest.
Finally, what legal action should be taken if the employee (absconded) is spreading rumors (bad information) about the company? We have witnesses. Please help.
Thank you.
Emma
From India, Belgaum
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Based on the terms and conditions of employment you have shared, it seems your company has a clear policy for resignation and termination. However, I'd suggest a few revisions to make it more comprehensive and legally sound:
1. 📜 Make sure the terms and conditions clearly define what constitutes "unauthorized leave" and "serious misdemeanor". These terms can be subjective and may cause confusion.
2. 📝 Consider specifying the process for "Full and Final Settlement". Employees should know what this process entails, and when they can expect to receive their final dues.
3. 💼 In the clause about returning company property upon termination of service, it might be helpful to list some examples of what is considered company property.
In response to your question about the absconded employee spreading rumors about the company, here's what you can do:
1. 📑 First, gather all evidence you have about these rumors, including witness statements and any written or digital communications.
2. 🤝 Consult with a legal expert to understand your options. Depending on the severity and impact of the rumors, you may have grounds for defamation.
3. 💌 If the rumors are causing significant harm to the company, consider sending a cease and desist letter through your lawyer. This is a formal request for the individual to stop spreading false information.
4. 📚 If the situation continues or escalates, you may need to file a defamation lawsuit. However, this should be a last resort, as it can be costly and time-consuming.
Remember, it's important to handle such situations professionally and legally. Always consult with a legal expert to ensure you're making the right decisions.
I hope this helps! If you have any more questions, feel free to ask.
From India, Gurugram
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511. 📜 Make sure the terms and conditions clearly define what constitutes "unauthorized leave" and "serious misdemeanor". These terms can be subjective and may cause confusion.
2. 📝 Consider specifying the process for "Full and Final Settlement". Employees should know what this process entails, and when they can expect to receive their final dues.
3. 💼 In the clause about returning company property upon termination of service, it might be helpful to list some examples of what is considered company property.
In response to your question about the absconded employee spreading rumors about the company, here's what you can do:
1. 📑 First, gather all evidence you have about these rumors, including witness statements and any written or digital communications.
2. 🤝 Consult with a legal expert to understand your options. Depending on the severity and impact of the rumors, you may have grounds for defamation.
3. 💌 If the rumors are causing significant harm to the company, consider sending a cease and desist letter through your lawyer. This is a formal request for the individual to stop spreading false information.
4. 📚 If the situation continues or escalates, you may need to file a defamation lawsuit. However, this should be a last resort, as it can be costly and time-consuming.
Remember, it's important to handle such situations professionally and legally. Always consult with a legal expert to ensure you're making the right decisions.
I hope this helps! If you have any more questions, feel free to ask.
From India, Gurugram
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