Employee Severance (not Termination)

Krishan Kapoor
If we ask an employee to put up resignation (instead of termination) and would like to pay compensation to her i.e. one months additional pay (in addition to one month's notice pay).
How do we convey the payment of additional amount so that employee get the benefit and company's interest are in save guard and employee also gets a clear title while leaving the company.
Further on the additional payment do we have to make deductions towards PF and ESI etc. - it is a sensitive issue.
rajanassociates
Dear
Even in resignation nothing prevents the employer from paying one months pay and retrenchment compensation of 15 days for every year worked.Just you have to add one additional para in the relieving letter.
With Regards


Legal Consultants[HR]
Krishan Kapoor
Can the employee go for legal recourse after submitting uncondtional resignation, (after getting layoff amount as notice period) if yes, how the company can safe guard its interest.
sarojdeka
Hi,
we are free to pay any amount to outgoing employee on his/her final settlement as exgretia. we can't go beyond the standing order or Co. policy at any cost. But we can pay exgretia for any amount. No statutory deduction will be applicable towards exgretia.
BRgds/ Saroj Deka
rajanassociates
Dear
When the retrenchment compensation is received you cannot re-open it unless you are able to prove it is a forced resignation.
With Regards
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
P.K.Mishra
There is nothing to worry it depend how you convince employee and take resignation from his own and paying compensation say one month salary is a ideal solotion if you feels that you need to compemsate him in some way but sometimes if you pay one moth he ask for two months so dont tell him in adavnce just disclose your desion at the time of his relieving only beacuse if you hv not mentioned in your offer/appointment letter then he cant calim himself. You will show this amount for any particular month salary so it will attract PF & ESI if you say it other payment then it will not.
PK MiSHRA
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