Can We Hold FnF Of An Employee Due To Misbehaviour

mihirvsh
Hi,
In our organisation one employee was asked to resign due to his misbehaviour, now after 2 months employee is asking for his full and final settlement & management dont want to release his fnf.
Request you all to suggest what can be done.
Also request you share a letter format which can be issued to the employee that his fnf will not be released.
Awaiting your response.
Regards,
Mihir
abedeen7
Dear Mihir,
Employee asked to resign for misbehaviour
After 2 month employee asking for F&F
You mau hold employee F&F till your enquiry process is going on.The same need to be communicated to employee.
Follow proper process or you may land to trouble. Keep all your documents updated.
mihirvsh
Dear Abedeen,
Thanks for the reply, can we stop employees FnF.
Can any one suggest a letter format that can be issued to that employee.
Regards,
Mihir Vashi.
abedeen7
Dear Mihir,
We cannot stop employee F&F, we can deduct the damage caused due to misbehavior as decided by the enquiry committee and the rest to be paid.
You may prepare format for your organization depending upon your need.
v.harikrishnan
Dear Mr.Mihir
Did the employee acceded to your request and resigned or not. The answer to your post depends on this.
With regards
mihirvsh
Dear Mr. Harikrishnan,
Employee acceded on his senior's request and resigned.
Regards,
Mihir Vashi.
kprasoon
If no official domestic enquiry was conducted regarding his misconduct and the just employee resigned as asked by his senior, the employer can not deny his full and final settlement.
Other point the management has already punished the employee by forcing him to resign, then why do the management wants to hold/deny hsi full and final settlement.
Double punishment is really required?
Regards,
Kamal
v.harikrishnan
Dear Mr.Mihir
As the employee has resigned, though due to the pressure exerted by the employer/management, he is entitled to all the legal dues which the employer is liable to pay to him. The management cannot refuse to settle his accounts.
With regards
mihirvsh
Hi,
Just for further information, what if an employee resigns without any force & if their is shortfall in the notice period.
Can an employer hold FnF in such case.
Regards,
Mihir.
kprasoon
You can delay final settlemnet for few days but not for indefinite period.
Better deduct the amount proportionately (short fall of notice period) from his full & final settlement and relieve him.
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