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Anuradha Singh (HR Executive)     23 March 2012

No dues reminder

Hello Seniors,

I work with a private firm as HR executive.Here one of the employee who worked for around 5 yrs.got to resign. In fact management asked him to resign as his attitude and behavior was quite negative, started to impact the functioning of various departments. But earlier he had been taking care of more than three depts and was a helping hand for company in times of need.But since his several behaviors(such as coming office in drinking state, obeying no one's order, threatening employees etc.)had started affecting the image of the company, the management had to take such an action to make him resign from his services. Now when it came to his full & final settlement, his formalities couldn't be done as his file form our employee records was missing. At the time of his resignation he wanted the mangement to revoke his notice period and do the F & F. But the management did not agree to it and things were put on hold. Now he has got some documents/properties of the comapny with him and left for his hometown. As per management's instructions reminders have been sent for clearing his dues, but few days back he called up and said that he is getting the blank letters which is ofcaurse a lie.

Now I have no idea as what to do and whether sending the reminders will help or not, and the other thing is we have now no supporting documents that he had been handed over any property/documents of the company.

What should I do in such case?



Learning

 4 Replies


(Guest)

anuradha Jee

First--Send a legal notice to him & aware hin not to misused the said documents.

Second--Published a notice against that your co. property document's has stolen by a co.employee.    ( not mention his name).

Third--Also furnished a application before SSP of your area.

If problem not solved still

Than ask me. ......................................

9837302039


(Guest)

Follow the advice.

Anuradha Singh (HR Executive)     23 March 2012

Sir,Thank you very much for your prompt reply. Will surely follow your advice.

Kumar Doab (FIN)     24 March 2012

Mr. Prajapati has given valuable opinion.

The threads in the LCI from are interactive. Kindly look at all prespective.

The resignation obtained by you is forced resignation. The employee is time tested and has been asset to the company. Since employee concurred to the inner wishes of management, and tendered resignation (it is presumed resignation with immediate effect was collected, hence opportunity to give notice was denied.), good offices could have waived the notice pay, collected the company property, settled the a/c then and there and could have collected the acceptance of FNF settlement and instrument of payment.

Company has already demonstrated that it shall act even if the employee has been a support to the company and thus no one is indispensable.

While company saved itself from the process and procedural compliance of termination and notice pay, now by stepping on the toes of this employee company might be inviting surprises from this employee.

One well informed employee can thwart the attacks. He also can approach a competent and experienced lawyer. Later the matter may make mockery of the comapny. Moreover his funds are stuck up with company and you have denied on the grounds which are otherwise lapse on the part of company.

HR is custodian of personnel file in company and losing this file is also in a sense serious lapse on part of HR and company. The F&F settlement is declined to employee since personnel file is lost.

Usually the company property/documents in the custody of employee might be copy of some emails, appraisals, performance record, I. card, mobile sim/phone, laptop etc. Employee can deposit even if he has at his native place. You have the native address of the employee in record at which you have sent letters.

It is felt that you may cajole the employee to return the company property, collect his FNF settlement, waive off the notice pay, and close the matter without any more heartburn and complications to either side.

HR should adopt reasonable and balanced approach and defend the comapny from litigations.


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