Termination And Notice Period

Dear Seniors,
Need your valuable guidance .
One of my staff member has given his resignation. He is not ready to serve notice period of one month. He wants to release in 15 days. In that period also he is on leave and not ready to complete his pending work. In that situation what action I could take against Him? Shall we give him termination letter when he has already put his resignation? Management informed him to not to pay his full and Final. In that case he has threaten that he will go to Labor court. Being a HR what could be my action against it.
Regards:
Vrushali saraf
9321311203

Hi Vrushali,
If the employee is NOT ready to serve the notice period you can deduct
his salary(basic) for the notice period.you can go through the appointment
letter given to him if any.
As he has already resigned No question of termination.
Hope this is of some help
regards
Rajeev Dixit

1. Do not terminate
2. If the condition in the appointment stipulates that he has to serve notice period of say 30 days, you can
adjust from money due to him
3. Mark him absent for those 15 days and send a letter to him that he being marked absent as he has not
submitted leave application
4. If he has submitted leave application adjust against Earned Leave if any
5. Send an acceptance letterindicating therein the adjusments and also ask him to produce clearance certificate
Thereafter, if he wants to take up the matter with Labour Department, let him. You have a strong case
You also need to see whether he is a workman under the ID Act. If not, then he can file a petition unde Shops and Establishment Act if there is any such provision in your StatePlease verify.
Sivasankaran

Sir
Don't terminate him.
Since his appointment order holds the clause of One month notice pay, treat his absence against his EL credit and work out the full and final settlement by adjusting the EL days.
Send the full and final settlement by cheque to his last known address by Registered post with acknowledgement due. Don't transfer the money into his bank account or don't send the cash through some one.
Since the cheque has not been received by him, keep the money with you for Three years and then remit the same to The Secretary, Concerned Labour welfare Board as unpaid money towards the employee.
regards
raju

DEar All,
The management has every right to deduct the salary being notice pay, if that clause is mentioned inthe appointment order
Regards
Sebastian K S