Dear Seniors, Can anyone send me a format for recovery of company dues from left employees. With Warm Regards, JimmyPathak1983
From India, Valasan
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From India, Valasan
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I suggest that the same needs to be forwarded in consultation with your legal department or legal consultant. Otherwise, you will have to hire a lawyer and arrange to send it through them as a lot of legal issues are involved.
Regards,
Kamesh
From India, Hyderabad
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32Regards,
Kamesh
From India, Hyderabad
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Dear Jimmy,
The question that comes to mind is whether this employee took proper clearance before leaving the company. If yes, then why was the recovery process not initiated at that time? Or is it possible that the employee abandoned their employment? If the latter is the case, then you can only send a letter to the employee's home address. If it is the former, then disciplinary action should be taken against the employee who allowed this oversight.
While I am not suggesting that you should not send the letter to this person, they should have returned the company items regardless of being asked. However, the content of the letter would depend on two factors: (a) the employee's abandonment of employment or (b) if the separation process was normal but the recovery of company items was overlooked during clearance.
Thanks,
Dinesh V Divekar
From India, Bangalore
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The question that comes to mind is whether this employee took proper clearance before leaving the company. If yes, then why was the recovery process not initiated at that time? Or is it possible that the employee abandoned their employment? If the latter is the case, then you can only send a letter to the employee's home address. If it is the former, then disciplinary action should be taken against the employee who allowed this oversight.
While I am not suggesting that you should not send the letter to this person, they should have returned the company items regardless of being asked. However, the content of the letter would depend on two factors: (a) the employee's abandonment of employment or (b) if the separation process was normal but the recovery of company items was overlooked during clearance.
Thanks,
Dinesh V Divekar
From India, Bangalore
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You could have taken a No Dues Clearance Certificate, filled in and signed by all department heads before relieving an employee. As mentioned in postings, you may draft a letter (lawyer notice) in consultation with a lawyer, as it is not easy to recover the company's property from employees who have left.
Thanks.
Regards,
R. K. Nair
From India, Aizawl
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Thanks.
Regards,
R. K. Nair
From India, Aizawl
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You have to check first in which grade or category the employee falls under. If he is a staff member covered by standing orders, you should initially send him a letter on your behalf stating your intention of recovery. If he doesn't respond, then ask a lawyer to send him a legal notice. I am sure he will respond.
Regards,
Mangesh Wakodkar
From India, Pune
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Regards,
Mangesh Wakodkar
From India, Pune
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf