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teddy@5886
5

Dear Seniors,
I need you support and guidance in resolving one of the issues that I have to resolve at my organization and the issue is as follows:
There was an employee in our organization at Executive Level, and she have left the organization without serving notice period. We have prepared the F&F statement and my manager has asked me to consider her full salary as that employee is supposed to pay us that money for not serving the notice period.
But as far as my knowledge is concerned, we need to consider the Basic salary only in this and not the full salary.
The components of salary are Basic, HRA, Transport Allowance, Attire Allowance and Conveyance Reimbursement.
Please help me if I am correct with the same as I want to be sure before putting it in front of my manager.

From India, Mumbai
Dinesh Divekar
7855

Dear Tamanna, We should consider salary payable to the employee as per the appointment letter to her and not just basic salary. DVD
From India, Bangalore
teddy@5886
5

Dear Dinesh,
But the appointment letter is little tricky as nothing is specified about the amount that is to be paid by the employee.
Please read the below paragraph which is mentioned in her appointment letter:
"After confirmation, your services can be terminated on one month's notice or salary in lieu of notice except for dismissal, discharge or termination for misconduct when you will not be entitled to any such notice or salary thereof. If you desire to leave the service of the organization for any reason, then in that event,m it shall be incumbent for you to do so with the consent of the Organization but subject to you giving to the Organization at least three months' prior notice in writing."
Nothing is mentioned in terms of not serving the notice.

From India, Mumbai
Dinesh Divekar
7855

Dear Tamanna,
Employee should have given three month's notice before quitting whereas she has just abandoned the employment. Now where is the question of payout of any kind to the employee? Rather you should be sending the notice to the employee for paying dues to the company. While sending the notice, consider the gross salary and not just basic and calculate the amount.
Ok...
DVD

From India, Bangalore
teddy@5886
5

Dear Dinesh,
She gave her resignation in the month of January and stopped coming to office since we did not relieved her by the end of January.
Now she is requesting to share the Full and Final calculations, thereby providing her the experience certificate.
Thus, my manager has asked me to settle all her dues and not to release her experience certificate till she pays off everything that is due.
Thanks alot for your guidance and will consider the gross only.

From India, Mumbai
Dinesh Divekar
7855

Dear Tamanna,

Entry and exit from the organisation is not as per whims and fancies of the employees. They are bound by the organisation's rules and regulations and they have to abide with those. In the case at hand, employee should have been thoughtful before joining new company.

This is a case of indiscipline. It is far more than mere FFS. I recommend you conducting domestic enquiry. Tell her to depose before the enquiry. Give her chance to defend her position. If her default is established then terminate her services and issue the termination certificate. After termination, she will not be eligible for any dues from the company.

By issuing the normal service certificate, you are taking lenient view towards those who let down your company. Why can't you think of colleagues who might had to bear additional responsibility because of her sudden absence? If you take tough measure, it will serve a message to one and all that organisation has means to contain the wayward behaviour of the employees. A culture of discipline is far more importance than the intelligence of the employees.

Ok...

DVD

From India, Bangalore
d_d_raj
1

Dear Dinesh,
Appreciate your guidance on the above matter. Being fair to the employee and at the same time sticking with the rules and also ensuring that this serves as a warning to all who plan to get away like this. Wonderful.
Warm regards
ADR

From India, Madras
teddy@5886
5

Dear Dinesh & Raj,
She has left the organization because she is getting married and it is not possible for her to continue this job. Even we were under the same impression, but we had conducted the domestic inquiry and found out that she is worth trusting.
Also, she was an excellent employee for our organization and have never seen any executive working the way she used to. She has got appreciations for her work from her direct superior, other teams, directors and even HR team.
I would also like to mention that it was not intentional for her to abscond as it was a suddenly decision by her family as her mother was not keeping well and even doctors pulled off their hands in regards to her mother's health.
Thus, I want to help her in any possible manner.

From India, Mumbai
abhishek.poojari
Dear Tamanna,
I would suggest, On humanity ground, ethics and for esteem of company you should recommend to waive off employee notice to your Mancomm ,and should also pay salary for days has work which is not paid ( if any).
Regards,
ABBY

From India, Mumbai
Mukesh_WDU
As per your inquiry, i would like to suggest you have to pay all her dues on human ground.
and you have also explain that she was appreciated by your organization for her work.
and this type problem faced any one in his life.
i think you should pay.

From India, Delhi
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