Hello Experts, I like to know your opinion on the following case:
An employee of middle-senior management was terminated during month end, as per contract the employee should get 1 month salary as notice. So in this case present month salary + 1 month salary as notice+ leave encashment less deductions if any.
The company didn't want to pay 1 month notice salary, as per them during probation no notice is required but as per employment contract one month notice is mentioned and no where in the contract there is a mention of "no notice" or '1 day notice" during probation. The employee was on the verge of completing 6 months before he was unprofessionally terminated.
During F&F payment, the final calculation was not shared beforehand and the employee was asked to come to the office to collect F&F payment. The F&F was missing notice period salary.
The employee was given 2 options; either accept the given F&F or do whatever he wants to do. The employee at that time accepted the cheque payment (as it was significant amount) and signed F&F settlement.
After that employee wrote to HR & senior management that there was some miscalculation and 1 month notice was missing. There is no response from the company. On phone HR mgr said, we have done the F&F and you have accepted this. Employee told I have given you the acknowledgement of the receipt of the cheque, however if there is calculation mistake or some part is not included by any reason then the same has to be paid immediately.
Please advise, if the employee can go legal to recover his dues.
How much time does it normally takes.
Employee has spoken and sent mail to all concerned people but it is clear that the instruction of not paying notice had come from the top level.
Thanking you all for your valuable and useful advice.
Regards,
Rajshree
An employee of middle-senior management was terminated during month end, as per contract the employee should get 1 month salary as notice. So in this case present month salary + 1 month salary as notice+ leave encashment less deductions if any.
The company didn't want to pay 1 month notice salary, as per them during probation no notice is required but as per employment contract one month notice is mentioned and no where in the contract there is a mention of "no notice" or '1 day notice" during probation. The employee was on the verge of completing 6 months before he was unprofessionally terminated.
During F&F payment, the final calculation was not shared beforehand and the employee was asked to come to the office to collect F&F payment. The F&F was missing notice period salary.
The employee was given 2 options; either accept the given F&F or do whatever he wants to do. The employee at that time accepted the cheque payment (as it was significant amount) and signed F&F settlement.
After that employee wrote to HR & senior management that there was some miscalculation and 1 month notice was missing. There is no response from the company. On phone HR mgr said, we have done the F&F and you have accepted this. Employee told I have given you the acknowledgement of the receipt of the cheque, however if there is calculation mistake or some part is not included by any reason then the same has to be paid immediately.
Please advise, if the employee can go legal to recover his dues.
How much time does it normally takes.
Employee has spoken and sent mail to all concerned people but it is clear that the instruction of not paying notice had come from the top level.
Thanking you all for your valuable and useful advice.
Regards,
Rajshree