How To Recover The Amount From Employees Whose Are Left The Job Against His Final Amt

Employees working with us since last 3 years, he gone leave from long time, their after submitted the resignation from service. We had prepared the full and final settlement, the amount in Dr. Balance. Pl advise.

Call him and telll him to take his balance pending with company but if it is negative then there is only 10 percent chances that he will pay you back

@Santosh
Kindly rise the query in the relevant discussion thread. You can know more about service bonds on foll links
https://www.citehr.com/120732-articl...ice-bonds.html
https://www.citehr.com/426213-servic...anagement.html
http://citehr.com <link fixed>
https://www.citehr.com/37511-service...ivil-suit.html
Apart from this please enter the term "Service Bonds" in the Find Information bar above and you'd get link to all relevant discussion threads on this forum...
All the best

You can withhold his provident fund , or other dues which are due from the company . You can issue him a legal notice after constituting the legal adviser , subject to quantum of amount . because normally the legal adviser charge Rs. 1200 to Rs. 1500 fees . if the recovery is 10 time more than the fees , you can issue him legal notice . only the recovery procedure through court is lengthy .
Deepak M.

Dear Sir / Madam,
The employees are working with your organization since 3 yrs it means that they are confirmed employees. They were on leave since long time. Were they taken prior approval from their immediate boss or HR in written? If none, then you can issue absconding notice to them and advice him to report on duty immediately. If they do not do so, you can go for legal action with documentary proof of outstanding / debit balance.
Regards,
Rahul

Unless the amount due from the employee is more 30,000 it is not worthwhile pursuing the matter vigorously. The legal expert's fees, time and effort involved are not worth it, especially since the chances are very low in this case. I suggest you should send letter advising repayment of dues, withhold acceptance of resignation and relieving procedure pending repayment. Follow up your letter with a stronger reminder every 3 weeks and forget it after 6 months. Putting pressure through known common sources has the best chance of getting back the dues.

What are all his F & F settlement for 3 yr. service which is short of 4yr+240 days no gratuity is accruing. Of course PF is not paid by U directly. May be leave encashment, bonus if any, accrued salary might be there to be disbursed. In my opinion this settlement might be amounted to a small hence not desirable to pursue legally. Other than the statutory payments like gratuity, PF you can adjust the Dr.balance from non statutory claims.

Issue him a notice that untill the amount is recovered from him his resignation wont be accepted. Incase he is to join somewhere else he cant join untill his resignation is accepted by your Company. Further is he joins somewhere else alos a single person cannot have two PF a/c.

you can send reminder with following draft.



NOTICE BY REGISTERED A.D & UPC.

Date: .....2013

To,

Mr. ……………................

......................................

......................................

Dear Mr........................,

This notice is addressed you as under:-

That you left the Company without obtaining a relieving letter and also without handing over the documents/articles belonging to the company which is a criminal breach of trust against the Company for which Company reserves its rights to initiate civil and criminal proceedings against you as per requirement. Following is the list of articles which should be returned by you to the Company:

1.

2.

3.

4. That, as per the books of accounts, maintained by the Company, as on date a sum of Rs. ........./- (Rs. ......................... only) is due and recoverable from you and which you are legally liable to pay.

5. That in addition to above amount you are also liable to return the articles belonging to the Company as mentioned in Para 3 above.

6. That, we have constantly been demanding payment of outstanding amounts payable by you so that the Account of dealing between you and Company is settled/squared up and in this regard on numerous occasions we have reminded you through telephonic calls, but so far neither you have made the payment nor have acknowledged the reminders followed by the telephonic calls.

7. However, you are given one more opportunity to clear the outstanding dues of Rs. ........../- (Rs. ............................................... only) along with the interest @ 18 % p. a. from the date of accrual to the date of actual payment, and return the articles belonging to the Company within 15 days from the date of receipt of this notice failing which, appropriate Civil/Criminal proceedings would be initiated against you before the competent Authority/Court of Law and in that case you shall be totally responsible for all the expenses and subsequent consequences.

Please take notice accordingly.



Yours Faithfully,

Well, the best way to communicate with the employee for the same and send reminder along with warning and if you have received the resignation letter please do not give receiving or approval for that if you already not have given. Also, communicate him that all the doc like acceptance for resignation, relieving letter, experience certificate will be given only if he do the repayment and clear dues.
In this way it will be harmful for his career as he can not show the working experience for your company and if given then he will get negative feedback in background verification, so it will be tough for him to get the new job.
Also, in case if he do not respond and not clear dues, you can register a legal complain against him/her if you find it wortfull considering the due amount need to pay along with other expenses like consultation and lawyer fees etc as well as the time it will take to get it resolved.