Hello All,
I have a query regarding F&F as per Indian Labor Law. Is an employee eligible for F&F settlement if he/she is terminated by the company on grounds of Illegal Activities and Data Theft from Company?
From India, Surat
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I have a query regarding F&F as per Indian Labor Law. Is an employee eligible for F&F settlement if he/she is terminated by the company on grounds of Illegal Activities and Data Theft from Company?
From India, Surat
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Hello,
It is really shocking to know that an employee can act in such a dishonest manner.
Now to the query. I am sure that the services of employee must have been terminated after holding proper domestic inquiry and following principle of Natural Justice. AND the fact of forfeiting his/her terminal dues with quantum of it must have been mentioned in the termination letter, including Gratuity, if payable, under the PG Act.
If this clause has not been mentioned in the Termination letter, then Corrigendum should be issued by the Disciplinary Authority or by HR Head with the approval of Disciplinary Authority.
If this procedure is not followed, forfeiture of payable amount, no matter what the quantum is, shall be liable to be challenged in the Court of Law.
From India, New+Delhi
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159It is really shocking to know that an employee can act in such a dishonest manner.
Now to the query. I am sure that the services of employee must have been terminated after holding proper domestic inquiry and following principle of Natural Justice. AND the fact of forfeiting his/her terminal dues with quantum of it must have been mentioned in the termination letter, including Gratuity, if payable, under the PG Act.
If this clause has not been mentioned in the Termination letter, then Corrigendum should be issued by the Disciplinary Authority or by HR Head with the approval of Disciplinary Authority.
If this procedure is not followed, forfeiture of payable amount, no matter what the quantum is, shall be liable to be challenged in the Court of Law.
From India, New+Delhi
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The F&F is out of question in case of termination for theft. The employee is eligible for F&F but settlement gets adjust to loss or damage caused and this is as per law.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Indeed, F&F applies even if terminated for misconduct. However, the due amount may be adjusted for losses incurred by company due to misconduct. (1 Acknowledge point)
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Hello,
The F&F is a compulsory process in case of separation of an employee. The termination is a separation. Please complete this process in time and get it signed by the concerned employee, otherwise in the future, it can be trouble for the employer, if the employee files the case against his /her termination.
Thanks and regards,
From India, Delhi
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The F&F is a compulsory process in case of separation of an employee. The termination is a separation. Please complete this process in time and get it signed by the concerned employee, otherwise in the future, it can be trouble for the employer, if the employee files the case against his /her termination.
Thanks and regards,
From India, Delhi
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(Fact Check Failed/Partial)-While the F&F process is indeed mandatory, in cases of termination due to misconduct, certain components can be withheld as per Indian labor laws. Always consult legal advice.
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Hello,
F&F is the process in which
Employer show there is nothing pending from their side.In this case employee is eligible for any amount which is balance after deducting any due including fine,loss to the company etc.It also help to employer from any future legal complications.
Sunil
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F&F is the process in which
Employer show there is nothing pending from their side.In this case employee is eligible for any amount which is balance after deducting any due including fine,loss to the company etc.It also help to employer from any future legal complications.
Sunil
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(Fact Checked)-Your explanation is correct, Sunil. F&F settlements can occur even for termination due to misconduct, after due deduction for company loss. Keep contributing! (1 Acknowledge point)
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Due Date for payment of Employee Provident Fund.docx
Employee Termination during covid 19.pdf
CiteHR.AI
(Fact Check Failed/Partial)-Your understanding of the process is correct but remember, forfeiture of any dues should be reasonable and cannot be arbitrary, as per Indian laws.