Dear HR,
I am working as an HR executive. Can you please clarify my below doubt? If someone has been terminated by the company and has not received any written mail from the company, will he be eligible to get the relieving letter and final settlement from the company?
Thank you.
From India, Hyderabad
Acknowledge(0)
Amend(0)
3I am working as an HR executive. Can you please clarify my below doubt? If someone has been terminated by the company and has not received any written mail from the company, will he be eligible to get the relieving letter and final settlement from the company?
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Friend,
Whatever amount or perquisite is due on an employee's account, it has to be paid. Merely terminating an employee does not give the employer the power to stop all payments due to the employee. Issuing a relieving letter is not mandatory, but it is solely up to the employer's decision.
As part of the full and final settlement, the employee is eligible for the balance of days of salary, payments against accrued earned leave, bonus, and notice pay if the employee is terminated for reasons other than acts of indiscipline, embezzlement of the company's property, or funds.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Acknowledge(5)
Amend(0)
Whatever amount or perquisite is due on an employee's account, it has to be paid. Merely terminating an employee does not give the employer the power to stop all payments due to the employee. Issuing a relieving letter is not mandatory, but it is solely up to the employer's decision.
As part of the full and final settlement, the employee is eligible for the balance of days of salary, payments against accrued earned leave, bonus, and notice pay if the employee is terminated for reasons other than acts of indiscipline, embezzlement of the company's property, or funds.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Acknowledge(5)Amend(0)
Dear Sari Pavani,
Has the employee been removed on the grounds of poor performance? If yes, then what efforts has your management made to elevate his performance? Was he given sufficient warning for his poor performance? However, if the employee has already been removed, then it is binding on management to pay him his legal dues.
If it is on the grounds of indiscipline, then it is important to terminate an employee by following the principles of natural justice and close the file. Once you do that, you do not have to waste your time settling past issues.
Management enjoys enormous legitimate powers at their disposal and can fall prey to the temptation of on-the-spot dismissal. However, a large number of times, aggrieved employees have gone to the labor courts and won their cases. Companies have had to reinstate employees with back wages.
When you remove someone on the grounds of misconduct, it is important to conduct a domestic inquiry, award suitable punishment. If the person is terminated, it is also important to complete the "Full and Final Settlement" process. Withholding payment may satisfy management's ego, but it is also illegal.
For Umesh: - You have given a short but perfect reply. Thank you very much.
Thanks,
Dinesh V Divekar
From India, Bangalore
Acknowledge(5)Amend(0)
Has the employee been removed on the grounds of poor performance? If yes, then what efforts has your management made to elevate his performance? Was he given sufficient warning for his poor performance? However, if the employee has already been removed, then it is binding on management to pay him his legal dues.
If it is on the grounds of indiscipline, then it is important to terminate an employee by following the principles of natural justice and close the file. Once you do that, you do not have to waste your time settling past issues.
Management enjoys enormous legitimate powers at their disposal and can fall prey to the temptation of on-the-spot dismissal. However, a large number of times, aggrieved employees have gone to the labor courts and won their cases. Companies have had to reinstate employees with back wages.
When you remove someone on the grounds of misconduct, it is important to conduct a domestic inquiry, award suitable punishment. If the person is terminated, it is also important to complete the "Full and Final Settlement" process. Withholding payment may satisfy management's ego, but it is also illegal.
For Umesh: - You have given a short but perfect reply. Thank you very much.
Thanks,
Dinesh V Divekar
From India, Bangalore
Acknowledge(5)Amend(0)
Dear HR,
I am Mr. Exe in my company. One of my employees left the service without giving any resignation and joined another company. My question is how we should handle removing this employee from the company records. Please provide the best solution for this.
Regards, Sanjay Sharma
From India, Delhi
Acknowledge(0)Amend(0)
0
0
I am Mr. Exe in my company. One of my employees left the service without giving any resignation and joined another company. My question is how we should handle removing this employee from the company records. Please provide the best solution for this.
Regards, Sanjay Sharma
From India, Delhi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The employee should be removed from company records but ensure compliance with relevant laws and issue necessary documents promptly. (1 Acknowledge point)
0
0
Dear Sanjay,
Keep in mind, instead, make it a practice of sending absconding notices to all such employees who are absent without information for more than 7 days. Hence, in this case, you're required to send an absconding notice immediately to the employee through registered post, preferably to his permanent address. In case you do not hear anything within a week's time, please send him a notice charging him with working on dual employment without any prior intimation, and in that case, his FnF will be held until he personally comes to you. You cannot delete his name from your muster roll merely on suspicion of him working on dual employment. You are required to send at least three absconding notices. Sending an absconding notice is to provide an employee with a last chance to appear on duty. If he fails to appear before you after three notices, his name shall be deleted from the muster roll of your organization.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
Acknowledge(3)Amend(0)
Keep in mind, instead, make it a practice of sending absconding notices to all such employees who are absent without information for more than 7 days. Hence, in this case, you're required to send an absconding notice immediately to the employee through registered post, preferably to his permanent address. In case you do not hear anything within a week's time, please send him a notice charging him with working on dual employment without any prior intimation, and in that case, his FnF will be held until he personally comes to you. You cannot delete his name from your muster roll merely on suspicion of him working on dual employment. You are required to send at least three absconding notices. Sending an absconding notice is to provide an employee with a last chance to appear on duty. If he fails to appear before you after three notices, his name shall be deleted from the muster roll of your organization.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
Acknowledge(3)Amend(0)
If an employee is terminated, he/she must be officially communicated with, mentioning the reason, date of termination, and also asked to hand over the charge to any concerned employee. It should also be mentioned that the employee is expected to settle his/her dues as per the regular procedure of the organization. The only difference in this kind of sudden termination and normal separation is the settlement of dues against any charges based on the reason for termination. It is mandatory to communicate and document everything properly.
Dr. Prasad Bhanage
From India, Pune
Acknowledge(0)Amend(0)
0
0
Dr. Prasad Bhanage
From India, Pune
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is correct. It aligns with the standard HR practices, where proper communication and documentation are essential during employee terminations. (1 Acknowledge point)
0
0
Dear Panavi,
First of all, verbal termination has no definition, thus it doesn't stand anywhere. This shows the person has no fault, but the company has its own short-term benefit, as the company doesn't want to train him for the long term.
Secondly, he can approach the labor court for harassment or pressurizing on the part of the employer. He can also report to the police station for humiliation and for the actions of the employer that go against natural justice.
Lastly, no employer can stop the payment in any case except for damage to employer property or misconduct resulting in commercial loss to the employer.
In your case, it seems the employer is at fault and must pay all his dues along with notice pay in lieu of immediate termination.
Wishing you all the best.
From India, Chandigarh
Acknowledge(0)Amend(0)
First of all, verbal termination has no definition, thus it doesn't stand anywhere. This shows the person has no fault, but the company has its own short-term benefit, as the company doesn't want to train him for the long term.
Secondly, he can approach the labor court for harassment or pressurizing on the part of the employer. He can also report to the police station for humiliation and for the actions of the employer that go against natural justice.
Lastly, no employer can stop the payment in any case except for damage to employer property or misconduct resulting in commercial loss to the employer.
In your case, it seems the employer is at fault and must pay all his dues along with notice pay in lieu of immediate termination.
Wishing you all the best.
From India, Chandigarh
Acknowledge(0)Amend(0)
Dear All,
In my career spanning 32 years in a Central Public Sector undertaking, I saw three to four such cases of termination by management of employees on grounds of indiscipline, etc. (but mostly because some top-ranking manager wanted to show his power). However, in all cases, the management lost in the court of law and had to eat humble pie and take back the aggrieved employee. The only difference was that the management was spending taxpayers' money in court, whereas the poor employee was spending his hard-earned money!
From India, New Delhi
Acknowledge(3)
Amend(0)
In my career spanning 32 years in a Central Public Sector undertaking, I saw three to four such cases of termination by management of employees on grounds of indiscipline, etc. (but mostly because some top-ranking manager wanted to show his power). However, in all cases, the management lost in the court of law and had to eat humble pie and take back the aggrieved employee. The only difference was that the management was spending taxpayers' money in court, whereas the poor employee was spending his hard-earned money!
From India, New Delhi
Acknowledge(3)Amend(0)
my dear, please note that termination/resignation are important issues in an organization. please attend a training programme in learning how to manage the man management functions. best wishers,
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Hi,
First, we have to clearly understand that if anybody sells his/her work, definitely we have to pay for the service. If there is any absconding case or instance of violence, the company still has to pay according to his/her work.
If an employee spends his time and provides service, the company should also issue them an experience certificate.
Thank you.
From India, Rajkot
Acknowledge(0)Amend(0)
First, we have to clearly understand that if anybody sells his/her work, definitely we have to pay for the service. If there is any absconding case or instance of violence, the company still has to pay according to his/her work.
If an employee spends his time and provides service, the company should also issue them an experience certificate.
Thank you.
From India, Rajkot
Acknowledge(0)Amend(0)
Dear Sai,
You have not mentioned the reason for termination.
1) If the termination is on the grounds of poor performance after following the process of an Improvement Plan for some duration and is amicably accepted by all parties, then the relieving and service certificates will be provided after the full and final settlement. The companies have various SLAs on the process.
2) If the termination is based on unethical malpractices or serious violations of policies, where after setting up the inquiry process, the investigation team produces the report with artifacts. If the charges are proved, then termination will occur within 24 hours, and a termination letter will be provided to the employees.
Hope you are clear now.
Thanks
From India
Acknowledge(1)Amend(0)
You have not mentioned the reason for termination.
1) If the termination is on the grounds of poor performance after following the process of an Improvement Plan for some duration and is amicably accepted by all parties, then the relieving and service certificates will be provided after the full and final settlement. The companies have various SLAs on the process.
2) If the termination is based on unethical malpractices or serious violations of policies, where after setting up the inquiry process, the investigation team produces the report with artifacts. If the charges are proved, then termination will occur within 24 hours, and a termination letter will be provided to the employees.
Hope you are clear now.
Thanks
From India
Acknowledge(1)Amend(0)
Hello,
I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/ sacked given on the suspension letter. On-the-spot termination was done due to misconduct and violation of the security policy and taking the intellectual property of the company home.
The company is in possession of all the personal belongings of the employee (mobile, laptop, external hard drive, etc.) and conducting a forensic investigation to determine whether the data was moved out to a third party or not.
The company stated the following to the employee:
1) He can't get into any meaningful employment until the investigation is over. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee can't get employed elsewhere.
2) The company is silent and not mentioning whether the employee will be given full and final settlement. Please advise if there is any law that states that he should be entitled to full and final settlement. If yes, kindly state the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information passed to a third party. It was only a breach related to accessing confidential information and intellectual property of the company, not related to clients.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
Acknowledge(0)Amend(0)
I have a case where an employee was serving his one-month notice period (completed 18 days). On the 19th, the employee was terminated/ sacked given on the suspension letter. On-the-spot termination was done due to misconduct and violation of the security policy and taking the intellectual property of the company home.
The company is in possession of all the personal belongings of the employee (mobile, laptop, external hard drive, etc.) and conducting a forensic investigation to determine whether the data was moved out to a third party or not.
The company stated the following to the employee:
1) He can't get into any meaningful employment until the investigation is over. Please advise if there is any law that protects the employee in this scenario, or if it is true that the employee can't get employed elsewhere.
2) The company is silent and not mentioning whether the employee will be given full and final settlement. Please advise if there is any law that states that he should be entitled to full and final settlement. If yes, kindly state the same.
Point to be noted: There was no monetary loss to the company, nor was any confidential client/employee information passed to a third party. It was only a breach related to accessing confidential information and intellectual property of the company, not related to clients.
If anyone has answers, kindly request them to post the same.
From India, Mumbai
Acknowledge(0)Amend(0)
Hi,
I am working in an export company in Andheri, which has its head office in China. The working style is traditional, like Chopda Pujan. However, the employer and the manager have an unprofessional mindset. They use bad language in front of all the Chinese staff and treat Indian employees like slaves.
My question is, if a person is fully dedicated to the company, even though they were appointed as a shipping executive but assigned to work as a QC executive, handling all the work under intense pressure due to the shift of the back office to India. During the time of increment, they only increased the salary by 2000 INR, whereas I requested an increase of around 5000-6000 INR considering my work and management of a team of three members efficiently.
A single statement like, "You are giving an increment like a chillar to all," can lead the head HR to terminate an employee. Please reply soon.
Awaiting your response,
Vaibhav Koikar.
From India, Pune
Acknowledge(0)Amend(0)
I am working in an export company in Andheri, which has its head office in China. The working style is traditional, like Chopda Pujan. However, the employer and the manager have an unprofessional mindset. They use bad language in front of all the Chinese staff and treat Indian employees like slaves.
My question is, if a person is fully dedicated to the company, even though they were appointed as a shipping executive but assigned to work as a QC executive, handling all the work under intense pressure due to the shift of the back office to India. During the time of increment, they only increased the salary by 2000 INR, whereas I requested an increase of around 5000-6000 INR considering my work and management of a team of three members efficiently.
A single statement like, "You are giving an increment like a chillar to all," can lead the head HR to terminate an employee. Please reply soon.
Awaiting your response,
Vaibhav Koikar.
From India, Pune
Acknowledge(0)Amend(0)
I was terminating from my job on 25 May without any prior notice. I was getting mail on 24 May 2015 on sunday .The cause of termination mention was my under performance but management not reply what is my under performance. Management ready to pay only may month salary but not ready to pay one month salary which was mandatory as per company dispute act ,if employer not provide one month notice than they need to pay one month extra salary in lieu of notice period. I was already send mail and register mail to my company. In my appointment letter also mention that both party need to serve 4 weeks’ notice before leaving .Please help me what I will do get my compensation from company.
From India, Kolkata
Acknowledge(0)Amend(0)
0
0
From India, Kolkata
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The employee is entitled to compensation for not receiving proper notice as per the law. Refer to the Industrial Disputes Act for further details. (1 Acknowledge point)
0
0
Banks are covered under Shops and Commercial Establishments Act.
Therefore Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of people to whom you must send notices...........
Yu can also tell him that you are being victimised since you exposed illegal acts.
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Consult a lawyer who may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know how to handle such issues well.
I do hope you have all your salary slips,resignation letter and acceptance by company,Form 16 etc,They also serve to prove your experience.
Posted Today
From India, Chennai
Acknowledge(0)Amend(0)
Therefore Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of people to whom you must send notices...........
Yu can also tell him that you are being victimised since you exposed illegal acts.
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Consult a lawyer who may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know how to handle such issues well.
I do hope you have all your salary slips,resignation letter and acceptance by company,Form 16 etc,They also serve to prove your experience.
Posted Today
From India, Chennai
Acknowledge(0)Amend(0)
Hi,
I joined a company, and the company terminated me within 15 days without any information or proper reason. They say they cannot settle my pay, and when I launched a grievance, the company's legal advisor says that the company is planning to file an FIR against me. I know how absurd that is, but is there any such way? I seek clarification. I want to mention that I wouldn't have raised a grievance if the company had reacted well.
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
I joined a company, and the company terminated me within 15 days without any information or proper reason. They say they cannot settle my pay, and when I launched a grievance, the company's legal advisor says that the company is planning to file an FIR against me. I know how absurd that is, but is there any such way? I seek clarification. I want to mention that I wouldn't have raised a grievance if the company had reacted well.
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The termination without proper notice or reason and the threat of raising an FIR without cause are serious violations of employee rights. Seek legal advice immediately. (1 Acknowledge point)
0
0
Hi,
One of our employees got terminated due to sexual harassment with a coworker. I have a question: after termination, do we need to pay one month's salary or not? If yes, why do we need to pay, considering his undisciplined actions that led to his termination?
Please help me and provide your suggestions.
From India, Bangalore
Acknowledge(0)Amend(0)
One of our employees got terminated due to sexual harassment with a coworker. I have a question: after termination, do we need to pay one month's salary or not? If yes, why do we need to pay, considering his undisciplined actions that led to his termination?
Please help me and provide your suggestions.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi,
My name is Rajeev. I was verbally terminated from the company due to chatting against the company and seniors outside the company. After I provided an apology letter, they terminated me with immediate effect. They are unwilling to process anything for me, including more than one month's salary, a leaving letter, etc. They are also refusing to accept my resignation letter without their signature. Without their signature, I won't be able to withdraw my PF as well. I would appreciate any suggestions you may have.
Thanks & Regards,
Rajeev Prajapati
From India, Bengaluru
Acknowledge(0)Amend(0)
0
0
My name is Rajeev. I was verbally terminated from the company due to chatting against the company and seniors outside the company. After I provided an apology letter, they terminated me with immediate effect. They are unwilling to process anything for me, including more than one month's salary, a leaving letter, etc. They are also refusing to accept my resignation letter without their signature. Without their signature, I won't be able to withdraw my PF as well. I would appreciate any suggestions you may have.
Thanks & Regards,
Rajeev Prajapati
From India, Bengaluru
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The company must provide a written termination letter and settle final dues. You are entitled to your final settlement, including the relieving letter and access to PF. Seek legal advice if needed. (1 Acknowledge point)
0
0
Hi Mr. Rajeev Kumar,
Termination on what ground? What does your company policy suggest? If it's silent, then you need to submit resignation in the form of documentation, for example, through email to your supervisor. Keep the documentation because verbally, it has no value. Later, go to the office and ask them about your relieving and experience letter. If they deny the same, then you may go to the labor court.
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
Termination on what ground? What does your company policy suggest? If it's silent, then you need to submit resignation in the form of documentation, for example, through email to your supervisor. Keep the documentation because verbally, it has no value. Later, go to the office and ask them about your relieving and experience letter. If they deny the same, then you may go to the labor court.
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
1. In cases of sexual harassment by an individual, if the HR department receives a complaint of sexual harassment against an individual, there should be a committee under the sexual harassment rules responsible for conducting an inquiry into the matter. After a proper inquiry, if the person is found guilty, then the punishment should be as per the company's standing orders, which may even include termination of employment. Termination of employment itself is a strict action/punishment for such employees. For one offense, one should not be punished multiple times. Withholding payment and refusing to issue a relieving letter shows lack of professionalism on the part of the employer and goes against natural justice. Dues have no relation to misconduct, and earnest money of the individual cannot be withheld.
If the level of harassment is severe, the complaint itself may be escalated to the police, and the judiciary may decide on the appropriate punishment.
2. Verbal termination.
Dear Rajeev, verbal communication may not have a defined process, but in your case, things are different. In my opinion, the company no longer wishes to retain your services, so there is no reason to stay and fight. They may employ various tactics to force you out. I advise you to distance yourself from such unprofessional behavior.
(Note: Ensure to avoid sentences that may be considered offensive or derogatory while maintaining the original message's intent and tone.)
From India, Chandigarh
Acknowledge(0)Amend(0)
If the level of harassment is severe, the complaint itself may be escalated to the police, and the judiciary may decide on the appropriate punishment.
2. Verbal termination.
Dear Rajeev, verbal communication may not have a defined process, but in your case, things are different. In my opinion, the company no longer wishes to retain your services, so there is no reason to stay and fight. They may employ various tactics to force you out. I advise you to distance yourself from such unprofessional behavior.
(Note: Ensure to avoid sentences that may be considered offensive or derogatory while maintaining the original message's intent and tone.)
From India, Chandigarh
Acknowledge(0)Amend(0)
Dear Rajeev,
A company can terminate the service of an employee for misconduct, which may include chatting during office hours with an outsider. However, when terminating for misconduct, the company has to issue a charge sheet, conduct an inquiry, and only terminate the employee based on the report of the inquiry officer. If the company does not follow the proper procedure, then the entire termination becomes invalid in the eyes of the law. In your case, your termination is legally invalid, and you are still considered employed if you wish to challenge it.
Depending on your salary and tenure of service, you are entitled to other benefits, including statutory benefits, if you choose to contest the termination. I recommend consulting a labor lawyer with all your relevant documents for better guidance.
For more information, you can visit my blog at www.labourlawhub.com.
Best regards,
From India, Kolkata
Acknowledge(0)Amend(0)
A company can terminate the service of an employee for misconduct, which may include chatting during office hours with an outsider. However, when terminating for misconduct, the company has to issue a charge sheet, conduct an inquiry, and only terminate the employee based on the report of the inquiry officer. If the company does not follow the proper procedure, then the entire termination becomes invalid in the eyes of the law. In your case, your termination is legally invalid, and you are still considered employed if you wish to challenge it.
Depending on your salary and tenure of service, you are entitled to other benefits, including statutory benefits, if you choose to contest the termination. I recommend consulting a labor lawyer with all your relevant documents for better guidance.
For more information, you can visit my blog at www.labourlawhub.com.
Best regards,
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Friend,
Good day. First of all, you should provide a termination letter and obtain a receipt from the employee. If he/she refuses to accept the letter, you must provide it via registered mail. Upon receiving the registered letter, you must provide the final payment along with full termination benefits within 7 working days. The employee also has the right to request a release letter.
Thank you.
From Bangladesh, Dhaka
Acknowledge(0)Amend(0)
Good day. First of all, you should provide a termination letter and obtain a receipt from the employee. If he/she refuses to accept the letter, you must provide it via registered mail. Upon receiving the registered letter, you must provide the final payment along with full termination benefits within 7 working days. The employee also has the right to request a release letter.
Thank you.
From Bangladesh, Dhaka
Acknowledge(0)Amend(0)
Dear all, Exit and settlement process only based on the causes or grounds for the termination.
From India, Ariyalur
Acknowledge(0)Amend(0)
0
0
From India, Ariyalur
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[Response] Exit and settlement entitlement is not contingent on the reasons for termination. Every employee terminated is eligible for a relieving letter and final settlement as per labor laws. (1 Acknowledge point)
0
0
Hi,
I am working as an Administration Manager, and our company is already listed under PF & ESIC. Now, it's time to take action and benefit from the CAMPS scheme and PMRPY schemes. We have different wage and salary categories.
Please provide details on the benefits to be given to employees, such as leaves, OT calculations, etc., along with any relevant circulars if available.
Regards,
Vijay
From India, Thrissur
Acknowledge(1)Amend(0)
I am working as an Administration Manager, and our company is already listed under PF & ESIC. Now, it's time to take action and benefit from the CAMPS scheme and PMRPY schemes. We have different wage and salary categories.
Please provide details on the benefits to be given to employees, such as leaves, OT calculations, etc., along with any relevant circulars if available.
Regards,
Vijay
From India, Thrissur
Acknowledge(1)Amend(0)
If employer terminate the any labour to his poor performance, what payment due to employer side for labour
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Dear All,
I was working in a Pvt. Ltd Company in New Delhi. Due to some urgency, I took a leave, but I called the Founder and Co-Founder of the company. When I rejoined the company, I found an email saying that this is a warning letter as you took a leave without giving any information to the company or management, and this caused a loss to the organization. They also used to give salaries in two installments. After a few days, they emailed me a Termination letter. And now they are demanding for their properties, and I am saying to do full and final first. Now they have started threatening me via emails, saying that they will take legal action against me.
Financially, I am not that strong to fight with them. So please guide me on what I should do for my rightful wages.
Regards,
Prince
From India, New Delhi
Acknowledge(0)Amend(0)
I was working in a Pvt. Ltd Company in New Delhi. Due to some urgency, I took a leave, but I called the Founder and Co-Founder of the company. When I rejoined the company, I found an email saying that this is a warning letter as you took a leave without giving any information to the company or management, and this caused a loss to the organization. They also used to give salaries in two installments. After a few days, they emailed me a Termination letter. And now they are demanding for their properties, and I am saying to do full and final first. Now they have started threatening me via emails, saying that they will take legal action against me.
Financially, I am not that strong to fight with them. So please guide me on what I should do for my rightful wages.
Regards,
Prince
From India, New Delhi
Acknowledge(0)Amend(0)
Dear prince, if a company gives you a termination letter, you have the right to receive your salary, one month's notice salary, leave encashment, and any bonuses you are entitled to under the rules. The company should not be a threat to you. If you feel that your rights are being violated, you can file a complaint with the labor office against your company.
From India, Delhi
Acknowledge(1)Amend(0)
From India, Delhi
Acknowledge(1)Amend(0)
My friend was hired as an assistant manager in a bank. The bank provided 9 months of classroom training in Bangalore and issued a diploma certificate upon completion of the training. Additionally, the bank offered an educational loan of Rs.3 lakhs, which was then converted into monthly EMIs starting after joining the respective branch post the course. There was a 4-year bond in place, with a bond amount of Rs.1,80,000 stipulated in the contract and agreement.
If an individual leaves the job before completing the 4-year term, they are required to pay the bond amount of Rs.180,000. Unfortunately, during the 2nd or 3rd year, my friend was terminated from the job due to poor performance.
My friend has since paid all dues and the bond amount, but the bank refuses to issue a relieving letter, stating that termination from employment precludes the provision of such documentation.
1. If someone pays off the loan amount for the course, why does the bank impose a bond? The course was not unique; it was similar to an MBA diploma, with no utilization of bank property or access to confidential information. Therefore, the necessity of paying the bond amount is unclear.
2. With the bank unwilling to provide a relieving letter or an experience letter, what steps should be taken next?
Kindly advise on the above-mentioned points.
From India, New Delhi
Acknowledge(0)Amend(0)
If an individual leaves the job before completing the 4-year term, they are required to pay the bond amount of Rs.180,000. Unfortunately, during the 2nd or 3rd year, my friend was terminated from the job due to poor performance.
My friend has since paid all dues and the bond amount, but the bank refuses to issue a relieving letter, stating that termination from employment precludes the provision of such documentation.
1. If someone pays off the loan amount for the course, why does the bank impose a bond? The course was not unique; it was similar to an MBA diploma, with no utilization of bank property or access to confidential information. Therefore, the necessity of paying the bond amount is unclear.
2. With the bank unwilling to provide a relieving letter or an experience letter, what steps should be taken next?
Kindly advise on the above-mentioned points.
From India, New Delhi
Acknowledge(0)Amend(0)
Whether gratuity is paid or not would depend on the nature of the misconduct and its gravity. Serious offences like assault, intimidation, abusive behaviour, sabotage, theft, dishonesty, falsification of accounts, etc. can result in partial or full forfeiture, but misconducts like absence or insubordination may not result in any forfeiture.
An important thing to note is that before gratuity is forfeited, a show cause notice has to be issued. Otherwise, the action will be considered bad. Section 4(6) of the Payment of Gratuity Act 1972 states that the gratuity payable to an employee may be wholly or partially forfeited:
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
From India, Mumbai
Acknowledge(0)Amend(0)
An important thing to note is that before gratuity is forfeited, a show cause notice has to be issued. Otherwise, the action will be considered bad. Section 4(6) of the Payment of Gratuity Act 1972 states that the gratuity payable to an employee may be wholly or partially forfeited:
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
From India, Mumbai
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Employee Handbook 2009 FINAL.doc
Final settlement - dubai.xls
CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)