How Should I Handle a Legal Notice from a Former Employee Over Unsettled Dues?

Dear seniors,

I work for a software company as an HR manager. We have received a legal notice from the labor department, sent by a former employee who worked as a software engineer. The claim is that her full and final settlement has not been completed, and the company has not provided her with the relieving and experience letters.

I have only been with the company for a month, and upon reviewing her file, I found that there are no proper documentations available. There are no dues from her, and we do not have her resignation letter.

Could anybody suggest how I should proceed now? What measures should I take, and whom should I contact?

Regards,
Kalpana

Do not worry. Firstly, you should go to the accounts department and check his payment status. Are there any payments other than his salary? This will give you an idea about his status, and I am sure you will be clear about his full and final status.

Thanks,
Ranjit Samal

Dear Kalpana,

Apart from the steps suggested by Ranjit, also ensure that you meet the concerned officer of the Labour Department. You can request a copy of the complaint letter along with the documents submitted by your old employee to the Labour Department. Normally, the Labour Department does not initiate any action in the absence of a written complaint from the employee. Also, please try to collect information about the employee as follows:

1. What was the designation of the employee?
2. What was the length of service of the employee?
3. Are there any adverse remarks about the employee?
4. Was the employee confirmed by issuing the confirmation letter?
5. Were any other employees reporting to him and working under him?

The above information will help you immensely in the future since the employee has approached the Labour Department.

Very good that employees have now started protesting against HR and not remaining mum. So many employees lose their PF and FF settlement because the HR is cruel.

Dear HR Manager,

Kindly settle the no dues of the employee ASAP, else there will be legal action against your company, and your company will plainly point fingers at you.

Professional Advice on this:

Check with accounts for dues if any, be prepared to pay it (Not necessarily you have to pay). If no resignation letter is available, then the situation practically seems to be long absenteeism without information rather than resignation. Give a reply accordingly. However, check with staff members who worked with the said employee on the submission of the resignation letter and any other correspondence with the said employee. If you are working for an IT company, check with the IT Admin on mail backups of the erstwhile HR.

Dear Ranjit, Manish, and Jalasayanam,

I'm so grateful to you. Thank you so much for your advice and opinions. I have checked with my accounts department; the employees' full and final settlement has not been completed. She has submitted her resignation to the HR Manager, which was also accepted by HR. The employee has served a 60-day notice period. Is there any way that we can speak to the employee directly and settle the issue out of the labor court, or should we attend as we have received the notice?

Regards,
Kalpana

Now, the best you can do is to pay the employee her F&F dues and the interest for delayed payment at the rate of 30%.

Dear Kalpana,

Without any complaint, the labor department cannot issue any kind of letter or notice against the company. So, you cannot deny any legal complaint. Simply work out her dues and what you have to pay in a proper manner. Prepare your authority letter to attend the labor office or contact your legal adviser if needed.

If she has served a notice for 60 days, what is the time period of notice as per your company? Please clarify her tenure of work. Has her service period been more than 1 year?

If you need further advice, please contact me at 8826100445.

Thanks,
Ranjit Samal

Hi,

If the documents like a resignation letter, no dues, etc., are not available in the personal file of that employee, then there is nothing to worry about the notice. Just prepare a reply along with the copy of documents available in the personal file and show it to the labor court, asking how you can do the full and final without having the required documents. If there are no issues against that employee, ask the employee to submit the required documents and then prepare the full and final settlement. It's better to resolve the case outside the court.

Thanks & Regards,
Ranveer

In fact, in India, that is the irony - that HR departments serve only an employer's purpose because HR are just puppets in the hands of the Directors. Employees do not have any rights at all in a company, and the big boss is always right. I have myself experienced that my HR somehow convinced many of us not to take the PF, and it was only after my tenure came to an end that my HR later said, "Then you should have yourself opted for it"? Imagine - listening to such an answer after 5 years???

SJK

Dear Kalpana,

Please collect all the information pertaining to the employee and the reason for not processing the FFS. You can also talk to the HR person who was/is responsible for giving the relieving letter to the employees by the time when she has been relieved. Ask that old employee whether she has approached any other HR person for her relieving and FFS before sending a legal notice, and if yes, contact the person with whom she has spoken.

If there are no dues from the employee, you can process her FFS.

With Regards,
Priya

Dear Kalpana,

I buy Jalaysanan's Point in its entirety. It is matured and good advice. Get it sorted as quickly as possible to avoid administrative burden on the company and yourself. "Be fair and accept what is right" is a sign of progress. At the same time, do the proper homework as advised by others in replies so that you are impartial with all the parties interested.

Regards,
CA Kamal Virani.

Dear Kalpana,

Kindly check whether the legal notice has been sent by the Labour Department or her advocate. After the 60-day notice period, the full and final settlement (F&F) has to be completed within a week. Since this has not been done in this case, please prepare all her dues, call her, and hand it over. That is the only solution. After sending the legal notice, make the settlement and send them a copy along with an explanation for the mistake.

If there are no documents in her personal file, it is the company's mistake, not the employee's. There is nothing to worry about; we can resolve this issue.

Thank you,
Guru Prasad K.
91715 28510
hr.kgpmadhwa@gmail.com

Please check the notice once again to identify the sender, including their name, designation, and office address.

Have you been summoned by the said officer to provide an explanation at a specific place, date, and time?

Internally investigate why the F & F and relieving formalities were not completed earlier. There might be a valid reason for the delay. Present the notice and other relevant details to your management for their input. Decide whether you want to settle the F & F or have reasons not to do so.

Whatever your decision, communicate it to the concerned labor officer by sending a detailed letter via registered post. Attach copies of relevant documents and correspondence for reference. Also, send a copy to your former employee.

If you choose to settle the F & F and issue relieving and service certificates, promptly send them to the employee by registered post along with the F & F cheque. Also, send a copy of the letter to the Labor Officer and attach the cheque, relieving letter, and service certificate. Include a sentence apologizing for the delay.

If you are summoned to the labor office, bring all the aforementioned documents and submit them to the relevant officer. Request the closure of the matter.

Dear Ranjit, Manish, and Jalasayanam,

I am extremely grateful to you. Thank you for your advice and opinions.

I have consulted with my accounts department, and the employee's F & F has not been processed. She submitted her resignation to the HR Manager, which was accepted. The employee completed a 60-day notice period. Is there any way we can directly speak with the employee to resolve the issue outside the labor court? Or should we attend as we have received the notice?

Regards,
Kalpana

Please visit the concerned person in the labor office and settle the dues. I had gone through the same kind of issue and settled as I said.

Regards,
Parvati

Reply to your question is quite exhaustive. I can't give any more details than this. I can only say that:

First - Find out if the person has lodged any written complaint with the Labor Commissioner's Office.

Second - Obtain his records from the Personnel File and check if he submitted any resignation letter which you accepted.

Third - Verify if he served the notice period as specified in his appointment letter.

Fourth - Determine what kind of settlement was arranged in his case.

Fifth - Check if there is any documented past history in his personnel files showing his incompetence in any area, whether in his job or team work.

Sixth - Investigate whether there was any communication from your end to that ex-employee regarding his dues settlement.

If these points are not in your favor, you might have to pay him his dues. If they are in your favor, then there is no need to worry.

Hope this might help you.

Regards,
Kunal
Officer - HR

Dear Kalpana,

It is necessary for the employee to collect the attestation of the HR Manager after submitting the Resignation Letter. In case he or she has done that, you have to ensure that the legal proceedings are coordinated properly.

Secondly, the HR who was in place before should be contacted immediately to ensure if he has signed any acknowledgment in this regard.

Good Luck,
Dinesh Naik

Dear Seniors,

Nowadays, there are many cases of not settling F&F (Full and Final) settlement of Senior Management Officers. In some instances, the Management itself asks senior employees to resign but fails to settle their dues, even after the official handover of responsibilities.

What course of action should be taken when these employees are not covered by Labour Laws?

Warm regards.