Umakanthan53
Labour Law & Hr Consultant

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Dear Team, We have terminated three staff members but company agrees to pay their salary for no of Working days with full and Final Settlement, Inspite of that in this tuff situation Employee is asking for Two-month Advance Salary which is against the Law ? Can Anyone Give Suggestions? As HR department what necessary action should taken against such staff Members..

Even One Employee Resigned company agrees to pay the salary for no of Working Days .. But employee needs unecessarily 15 days extra salary due to medical reason resignation given and company relived staff from the services immediately by accepting resignation in such case demanding extra salary from company ? Can Anyone Suggest me? What actions should Prefer with Employees , Company can pay salary for no of Working days only not Extra Salaries.

From India, Ghaziabad
Dear Lakshmi,
When any contract of employment gets terminated for whatever reason, the immediate follow-up process is the final settlement of all the dues pertaining to the terminated contract. Over and above the statutory dues, the exiting employee can ask for something more. Perhaps you might have mistaken it as advance. If the demand seems reasonable to you in the wake of discharge during the lock down and you're willing, well, consider complying with the demand fully or to some reasonable extent. Otherwise, you can simply reject it when the termination is lawful and the F&F already offered is strictly as per law and reasonable as well.

From India, Salem
Anonymous
Hello
I would like to understand what clause you have mentioned for the notice period in the appointment letter in case of resignation and termination cases.
Ex. if you have mentioned one month notice period during resignation than same will be applicable while terminating employees. In a normal scenario when employee reignes from a company we ask them to serve notice period or salary in lieu of against notice period so while terminating employees employer has to pay salary for the notice period to employees.
I don't think so company should take any action against employee because it is fact that in this crises situation will be will very difficult for anyone to find a job so you must also see things as per humanity aspect and settle things by keeping neutral approach.

From India, Ahmadabad
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