Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Gannahope
Deputy Commissioner Of Labour..a.p.
KK!HR
Management Consultancy
Sub.sharmaHR
Personnel Management
+1 Other

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Dear Sir/Ma'am, One of employee resigned on 9th march 20' but his resignation will be not accepted and he continued till 21st March and and company also paid him for March , April Salary (lock down period) . Again office resumed from 18th May 20' and employee worked till 31st May. He discontinued from 2nd June onwards'. When we call him to ask the reason of absence ,he said could not continue due to personal reasons.

After reminder, he came and submit the company assets. But his manager is not willing to do his F&F settlement because of no any official notification with notice period. Now the employee threatening that he'll go to labor court if he does not get his SALARY/F&F.

Is his base strong for filing case in lobor court and what to do in such case for betterment of company and employee as well being a HR.

Kindly suggest.

Regards'

From India, Taramani
You have mentioned in your post that the employee's resignation letter is not accepted. Did you notify the same to your employee?
Please send an official communication to him to report for duty forthwith and failure to do so
shall attract strict disciplinary action including termination of his services, besides taking legal action against him, by the company.
After communicating to him, you can even publish your memo in a leading newspaper.

From India, Aizawl
Dear Maneka,
I fully agree with Mr.R.K.Nair as the cause of action for taking any legal action by the employee has not arisen so far had you paid the salary up to May,2020.
However, how long you can keep an unwilling employee in employment by compulsion?
It seems that you have not taken any follow up action on his resignation either accepting it or rejecting it on any valid reason like exigencies of work or fulfillment of notice conditions. Even notice condition can be waived of by the management and individual may officially relieved now.

From India, Salem
Is there any point in continuing an unwilling horse. He has submitted resignation and returned office assets, but you are yet to notify either acceptance of resignation or its rejection. His Manager refusing F&F is not sufficient enough to keep the matter pending indefinitely. He has served you for nearly three months, does it not suffice for notice period.
He has threatened you with Labour Court case. But it is more of an empty threat as there is a basic issue of locus standii in the matter. This matter, if defended properly, cannot be tried in the Labour Court.
Notwithstanding the legal position as above, it is felt that the employee is not in fault if the resignation is not accepted, as it appears he has completed the notice period without any notice regarding its rejection

From India, Mumbai
Thank you Sir...for your valuable suggestion.
From India, Taramani
Hi
Sir
It is better to settle the issue amicably. Full and final settlement is always in existence.
So both are sailing in the same boat. Everyone has his own reasons to defend during lockdown carona unusual situation. The company has no business and employee has no work to do until recent relaxation s.
So it's better to sit together and settle the issue amicably with broadmind on both sides with liberal thoughts.

From India, Nellore
Dear all,
I need help what to do?
There is a shop where one of labour works.Due to some reason he is denied for work no more .As you know for a single worker no shop keeper maitain wages register they only note down the payment in personal diary. Now he & his father with the help of lawyer went ot labour court and claim that for last two years his owner did not pay him. now there is summons against the owner. Please suggest what the owner should do as he is honest but earn good money.

From India, Delhi
The employee did submit his resignation on 9th March 2020.As a natural corollary, it is expected of the employer to reply forthwith to the employee of its intention that the employee should serve the notice period ( either one month or three months as the case may be) and return the company's properties etc. before being relived from services. It is immaterial that the employer paid salary to the employee for March and April 2020 . This employee having resumed work on 18th May 2020, continued till 31st may 2020. Understandably he worked till 1st June 2020 and again discontinued from 2nd June 2020.

In the above circumstances it is advised as below:

Please issue a letter to the employee relieving from him services with immediate effect and settle his terminal ( Full and final ) dues and if necessary recover the pro rata salary for the period of his absence ( i.e notice period days minus days of absence ) computable from the date of resignation. IN the relieving letter, with suitable mention in the letter for recovering from his terminal dues like leave salary , pro rata bonus if any , and other admissible pay if any as per terms of employmnet,/ contract. But take caution that such recovery of amount should not n=be done from gratuity ( if he were to be eligible for gratuity) as gratuity cannot be attached by any court of law,

It is not a worthwhile /productive exercise to proceed him with a domestic/departmental enquiry for the employee's unauthorized absence as after all the employee has decided to bid good bye for one reason or other.

The threat of the employee to take his case to Labor Court appears to be a hollow threat in order to get his full and final settlement.

Please get rid of such undesirable employee by settling his F & F dues without further delay.

Please advise your Manager concerned to stand in the way to settle the employee's F & F settlement

Senprithvib6

P.Senthilkumar

9884009193

From India, Chennai
The employee did submit his resignation on 9th March 2020.As a natural corollary, it is expected of the employer to reply forthwith to the employee of its intention that the employee should serve the notice period ( either one month or three months as the case may be) and return the company's properties etc. before being relived from services. It is immaterial that the employer paid salary to the employee for March and April 2020 . This employee having resumed work on 18th May 2020, continued till 31st may 2020. Understandably he worked till 1st June 2020 and again discontinued from 2nd June 2020.

In the above circumstances it is advised as below:

Please issue a letter to the employee relieving from him services with immediate effect and settle his terminal ( Full and final ) dues and if necessary recover the pro rata salary for the period of his absence ( i.e notice period days minus days of absence ) computable from the date of resignation. IN the relieving letter, with suitable mention in the letter for recovering from his terminal dues like leave salary , pro rata bonus if any , and other admissible pay if any as per terms of employmnet,/ contract. But take caution that such recovery of amount should not n=be done from gratuity ( if he were to be eligible for gratuity) as gratuity cannot be attached by any court of law,

It is not a worthwhile /productive exercise to proceed him with a domestic/departmental enquiry for the employee's unauthorized absence as after all the employee has decided to bid good bye for one reason or other.

The threat of the employee to take his case to Labor Court appears to be a hollow threat in order to get his full and final settlement.

Please get rid of such undesirable employee by settling his F & F dues without further delay.

Please advise your Manager concerned NOT to stand in the way to settle the employee's F & F settlement

Senprithvib6

P.Senthilkumar

9884009193

From India, Chennai
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