Dear Raviraj,
We faced problems when employees availed personal loans from financial institutions.
When the financial institutions approached us to discuss their proposal, we made it clear that the company will only recover the loan amount to the extent of the employee's salary. However, if for any reason the employee does not earn a salary, the company will not make an upfront payment for the loan amount and will recover it later from the employee.
Similarly, if the employee leaves the organization, the company will only send an intimation to the financial institution to this effect, and the company will not be liable for recovering the balance loan amount from the employee's full and final settlement. Initially, these institutions refused to accept our conditions, but we were firm, and finally, a letter to this effect was signed by me and handed over to the financial institution, with the duplicate acknowledged by them. Subsequently, when the salary fell short of the EMI or when the employee left, we merely wrote a letter to the financial institution for recovering the amount.
Regarding Maheswari's query, you cannot recover any dues from the Gratuity amount, and dues to the extent of salary, leave encashment, LTA, and Medical reimbursement expenses alone can be recovered.
Never entertain personal loans from the company as this will be difficult for you to defend your case when the employee leaves the organization. It is also advisable not to recommend any personal loan amount employeewise statement to any financial institution as this will be a document binding on the company.
M.V.KANNAN