Dear All,
A lot many people have been asking queries about F&F procedure's after effects. Allow me to explain few common cases that happens at the time of Full and Final of an employee:
- Ideal Case : An employee resigns on a month in advance, serves his 30 days notice period (or as mentioned in his appointment letter) and then on his last day goes to HR, gives Exit Interview, fills all F&F papers and leave for the day. In such cases, normally, employer does not hold his salary/ payment and final payment is made within 3-5 days.
- Case A: If an employee has got a job elsewhere and his new prospective employer is forcing him to join within say 10 days. In that case, this employee will give 7-10 days notice to his co. and forcibly leave the co. to join new one.
If this happens, then the company can calculate employees last earned salary, LTA, leave encashment, gratuity, bonus etc. and then may recover the rest of 20 days notice pay from his earned income and is liable to pay his rest of the sum to him. If co. still holds this employee's salary, it will be illegal. Such an employee may seek legal help through labour dept/ court etc.
In some cases, if the employee is mature enough then that employee may even ask his new prospective employer to buy his notice period. Meaning, the new co. which i hiring him on a short notice, has to bear his notice pay whatsoever, before he joins them. This is a safe way out and happens only in certain senior/ mid level positions.
No company can hold employees F&F payment forever. Yes, it is observed that some companies tend to hold it for long, just in order to frustrate the employee such that he himself stops asking for his money. But if you keep trying the co. shall have to give you your dues.
But this surely doesnt allow you to hop your jobs every year or six months. If you have worked in a co. even for few months, you should have a safe Exit. This way you may get even a single rupee due from your co.
Regards,
Parul Makkar
Human Resources