Dear Members of this community,
We have come across a problem that I have no idea about. One of our employees joined us 22st August, 2016 and left on 31st August, 2016 after submitting a resignation with immediate effect. He did so even before we could give him the appointment letter and get it signed. So technically when he resigned he was not supposed to give us any notice period as the letter that we had given him before his joining was only an offer letter where no exit clause was mentioned.
We replied back that we need some documents and NOC in order to process his full and final and we have to give him the salary for those working days, however since he didn't sign the appointment letter he doesn't need to give us anything (Because the notice period in lieu of clause was mentioned in appointment letter which was not signed).
But the problem is he didn't comply with. He didn't submit any document even though he was supposed to get money. He didn't reply to any of our emails.
We calculated his dues and even sent him the form 16 in June this year and remit the PF (Though after 4 months).
Now the problem is all along I was not involved in this mess and all of a sudden I'm told to take care of this issue. He is still at our payroll.
Please tell me how long do we need to carry him in payroll? Is there any guideline for the same? I just want to strike him off as it's a year now, but how to do it? what are the records that I have to maintain? And his file is still open - please tell me how to close it? His name is showing in our payroll but we are not uploading his name in epf-ecr mentioned gross wages zero - I think we should have done that otherwise the no of active employees in payroll is not matching with the no of employees for who we are uploading ecr and is this gonna be an issue when the EPF inspector comes?
Since I have no clue about this case I just want to sort this case and get rid of this amicably. Please suggest.
I need your expert views on how to handle this situation.
As I'm very new in my job profile and I'm sure a few of my seniors visit this community quite often I prefer to make my post anonymous if that doesn't irritate you.
Regards,
We have come across a problem that I have no idea about. One of our employees joined us 22st August, 2016 and left on 31st August, 2016 after submitting a resignation with immediate effect. He did so even before we could give him the appointment letter and get it signed. So technically when he resigned he was not supposed to give us any notice period as the letter that we had given him before his joining was only an offer letter where no exit clause was mentioned.
We replied back that we need some documents and NOC in order to process his full and final and we have to give him the salary for those working days, however since he didn't sign the appointment letter he doesn't need to give us anything (Because the notice period in lieu of clause was mentioned in appointment letter which was not signed).
But the problem is he didn't comply with. He didn't submit any document even though he was supposed to get money. He didn't reply to any of our emails.
We calculated his dues and even sent him the form 16 in June this year and remit the PF (Though after 4 months).
Now the problem is all along I was not involved in this mess and all of a sudden I'm told to take care of this issue. He is still at our payroll.
Please tell me how long do we need to carry him in payroll? Is there any guideline for the same? I just want to strike him off as it's a year now, but how to do it? what are the records that I have to maintain? And his file is still open - please tell me how to close it? His name is showing in our payroll but we are not uploading his name in epf-ecr mentioned gross wages zero - I think we should have done that otherwise the no of active employees in payroll is not matching with the no of employees for who we are uploading ecr and is this gonna be an issue when the EPF inspector comes?
Since I have no clue about this case I just want to sort this case and get rid of this amicably. Please suggest.
I need your expert views on how to handle this situation.
As I'm very new in my job profile and I'm sure a few of my seniors visit this community quite often I prefer to make my post anonymous if that doesn't irritate you.
Regards,