Dear Seniors, This is Pravallika working as a hr executive in a Manufacturing Company. Our Company Comes under \"Shops & Establishments Act\". My Query is one of our Marketing employee should collect More than 15 lacs from the customers. Without collecting money from customers he gave his resignation to his HOD. So HOD told him that until unless collecting money from customers we wont relieve you from company. But its already 6 months completed but there is no improvement in collecting money from customers. Please suggest me how to go head in this issue, whether we have to relieve the employee or should keep in rolls?
From India, Hyderabad
From India, Hyderabad
Hai Pravallika Put a police case against employee, other wise should keep in rolls recovery of total money to employee.
From India, Vijayawada
4From India, Vijayawada
First think, Did u receive any appointment letter from company. if u received, please read that terms and conditions carefully. i think that collecting of money conditions are not mentioned in your appointment order. so that condition is not issued, u no need to worry. show that appointment letter to your HR and relieve as soon.
From India, Coimbatore
From India, Coimbatore
Dear Santhosh Kumar,
Thank you for your reply, but case is running from long back but there is no use. Ya i agree with you that we can continue in rolls of the company but, if he completes 5 yrs company should pay Gratuity to the employee. So please suggest me any other way to proceed.
From India, Hyderabad
Thank you for your reply, but case is running from long back but there is no use. Ya i agree with you that we can continue in rolls of the company but, if he completes 5 yrs company should pay Gratuity to the employee. So please suggest me any other way to proceed.
From India, Hyderabad
ok fine, Please don't give any police case against him. its create any legal and human rights issues. But now he is eligible for Gratuity? so tell to him, if u relieve from our company without collecting money, we wont give your Gratuity and PF Settlement. Because as per Gratuity Act 1972, the Gratuity claim settlement is a Employer wish. we can stop the gratuity settlement against to him due to non disciplinary and bad activates. and we can stop the PF settlement maximum one year for that employee. so tell this reason to that employee and ask him,the collect that money as soon. and we can relieve you soon.
From India, Coimbatore
From India, Coimbatore
ya,, do one think, Remove the him from on roll. put him as temporary or trainee staff. give the salary as stipend payment till he is collect the money. its means depromoted. So PF Contribute is not necessary for Stipend payment. and his salary is above 15000 or your establishment is not covered ESI circle means, ESI contribution is not applicable. So no problem for us. and then relieve him after recover the target money. So give the experience certificate for on roll services only. Give the stipend salary payment by Cash only. don't issue cheque and bank transfer.
From India, Coimbatore
From India, Coimbatore
Ya after gave his resignation he is not coming to office & we are not paying his salary. Ya his salary above 15000 only. When he stopped coming to office that time only we stopped paying salary & PF just we are showing zero contribution if PF. But management asking me that how long you will keep in rolls & what about experience certificate & Gratuity Issues. Am not able to give Proper reply to them.
From India, Hyderabad
From India, Hyderabad
Dear pravallika, i have one doubt. did u issued any appointment order to him?. r u mention any notice period in that appointment order???
From India, Coimbatore
From India, Coimbatore
Ya we issued Appointment Letter & he has 2 months Notice Period. He gave his resignation in the month of February '14, in that he mentioned he will full fill commitments regarding the dues during that notice period. But later he didn't come to office.
From India, Hyderabad
From India, Hyderabad
I think Mr Prabhukumar has not read Sec4(6) of Payment of Gratuity Act.A person's gratuity can be deducted or forfeited only on termination for reasons mentioned in that section and not for other reasons like non-collection of dues.Also read EPF Act.Only an apprentice under the Apprentices Act or under the standing orders of the Company are excluded from the EPF Act,not someone who is re-categorized from salary to stipend.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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