You have posted that:
“But, she worked for around 40/42 days and again disappeared. She neither completed her notice period nor did she pay per employment letter,”
You may issue FNF statement and compute the salary for days worked, and adjust the notice pay for shortfall in notice period, encash paid leave as applicable, add any other pending disbursement and supply it to her and request to send accepted copy back for disbursement of payment, and disburse the final payout, along with acceptance of final resignation, work experience/service certificate, reliving letter, attested copy of PF transfer forms, Form 16 as per correct FNF statement, last salary slip, previous salary slips…….and close the matter.
Police might have accepted complaint under 420, 406……etc
There is no point in debating and lingering the matter. Therefore close the pending issue and focus on your business.
Apparently your company is under SE Act of the state and payment of wages Act shall be applicable, thus standing borders may also be applicable. Paid leave may be calculated as per SE Act.
Notice pay may be adjusted @ Basic + DA, and paid leave be also adjusted at this rate..
Notice period is max.1 month as per SE Act, Standing Orders…..
Hence you may look into her total length of service, status as probationer/confirmed/permanent employee…. And compute notice period accordingly…
She seems to be aware and informed women employee.
After police she may even agitate thru Inspector under SE Act, Wages Inspector, O/o Labor commissioner….
e.g; SE Act Delhi:
30. Notice of Dismissal.— (2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month,
COMMENTS
(a) Applicability of section 30
In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(b) Notice or wages in lieu thereof under section 30—When to be given?
A plain reading of section 30 of the Act would make it clear that whereas the notice of one month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is for the benefit of the employer.
37. Powers and duties of the Inspector.
(b) Duties of the Inspector
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
Payment of Wages Act:
3*[(vi) "wages" means all…..
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-
(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
Model Standing Orders;
13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated
14. (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu
Valuable advice of learned experts/members is sought.
