Dear Seniors,
When an employee, who is part of the company payroll and registered with EPF and ESIC, unexpectedly resigns without adhering to the notice period of 90 to 120 days outlined in their appointment letter and does not conduct a proper handover, the employer may encounter a situation where the employee seeks payment for 8 to 10 days of salary after a period of 90 days. What actions should the employer take in this case?
Regards,
Sidharth
From India, Varanasi
When an employee, who is part of the company payroll and registered with EPF and ESIC, unexpectedly resigns without adhering to the notice period of 90 to 120 days outlined in their appointment letter and does not conduct a proper handover, the employer may encounter a situation where the employee seeks payment for 8 to 10 days of salary after a period of 90 days. What actions should the employer take in this case?
Regards,
Sidharth
From India, Varanasi
This employee (as he is covered by ESI Act and would be getting only wages below Rs 21000) seems to be an employee not having nay supervisory or managerial roles but is a workman coming under the scope of Industrial Disputes Act. How can you make a contract with such a low paid, low level worker with a notice period of 90 to 120 days (!!) ?
You should know that in respect a workman no notice period applies whereas the employer is under legal obligation to give notice, that too one month in the case of establishment employing less than 100 persons and three months in the case of 'factories' employing more than 100 workers. As such, you cannot ask an employee to service notice before he leaves, and forfeit his salary. therefore, if he is asking for the wages for the days he has already worked, you should give it. Otherwise, he will approach the concerned officer, and once he visits your office, he will get enough and more non compliances. That may lead to unpleasant situations. Therefore, I advise, please pay the amount and close the matter.
From India, Kannur
4282You should know that in respect a workman no notice period applies whereas the employer is under legal obligation to give notice, that too one month in the case of establishment employing less than 100 persons and three months in the case of 'factories' employing more than 100 workers. As such, you cannot ask an employee to service notice before he leaves, and forfeit his salary. therefore, if he is asking for the wages for the days he has already worked, you should give it. Otherwise, he will approach the concerned officer, and once he visits your office, he will get enough and more non compliances. That may lead to unpleasant situations. Therefore, I advise, please pay the amount and close the matter.
From India, Kannur
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