kamal-joshi1
Dear All, If any company terminates an employee because of his absence without prior information to the company then in this case what would be the procedure for Full and final settlement of this employee: Will the company give him basic pay as per the Notice period mentioned in his appointment letter or not?
how can I mail to hr for my FNF settlement?

From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
KK!HR
Management Consultancy

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KK!HR
1319

Presuming that you have already been terminated from service for unauthorised absence, now you can send a mail seeking FNF settlement. Many organisation are known to deduct the notice period salary in cases of presumption of voluntary abandonment. At any rate you can seek unpaid salary, leave salary if any, full bonus for 21-22 & proportionate bonus for this year, unpaid incentive or allowance/reimbursement etc and wait for the response
From India, Mumbai
umakanthan53
5886

Dear Kamal,

Not discernible from your post whether the termination for unauthorized absence was based on the clause of simple termination for unauthorized absence beyond a specified number of days as contained in the appointment orders or in the service regulations OR after following a full fledged disciplinary proceedings.

If it was the first one, the termination is retrenchment in violation of the provisions of section 25-F of the Industrial Disputes Act, 1947. Hence in case of a mutual settlement, your F&F should include one month's notice pay(gross) and retrenchment compensation @ 15 days last drawn average pay for every year of completed service on the date of termination and gratuity in addition to the items mentioned by Mr.KK(!)HR.
If it was the second case, you are entitled to all others except notice pay and retrenchment compensation if you accept the orders of dismissal.

From India, Salem
Madhu.T.K
3736

Regarding the salary for calculation of notice pay etc, I would say that the salary does not only mean basic salary as a component fixed by you but the total/ gross salary as per contract of employment without considering reimbursements and incentives. All fixed allowances which are considered for deduction when he takes a leave without pay should be considered for calculation of notice pay and other terminal benefits.
From India, Kannur
pasupathi.uma25@gmail.com
5

My humble view: If one has not applied leave earlier to the commencement of Absence, then None of his claim is justified. It is a simple normal expected behaviour of an employee to inform his inability to attend work as per Schedule. May be if he is indisposed or had someone met with Accident or other medical emergency,then he/she must/should inform his condition which caused his absence. In the present e world communication is fast and FREE. So he/she who did not apply for leave for more than 10days consecutively deserves a punishment , of course, they must follow the Rule of Land, follow Enquiry procedures. In haste and in an arbitrary manner some Employers or their Authorities just Terminate which is not CORRECT.
From India, Chennai
finance-metal
Dear All, If any company terminates an employee because of his absence without prior information to the company then in this case what would be the procedure for Full and final settlement of this employee: Will the company give him basic pay as per the Notice period mentioned in his appointment letter or not?
how can I mail to hr for my FNF settlement?

From India, Bhor
Madhu.T.K
3736

When the employee has been on leave without pay, the question of again giving him a notice pay does not arise. Then how can the employee demand that he should be paid notice pay for his act of absenting without intimation? The company will send a few notices and then just terminates him on the ground that the employee is no longer interested in the job and has abandoned the employment.
From India, Kannur

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