Showcause notice to employee who has not served any notice p

Issue notice based on the terms and conditions of the appointment order.

The HR personnel should be unbiased and should never act on impulse and should always render proper advice to employer!

Any employer would like to fire from shoulder of HR/legal cell personnel and transfer the onus of each unfair, illegal act on these personnel!

What is this establishment registered as : Commercial, Industrial?

What is its line of business e.g. IT, banking etc?

The employee was located in which state?

The reporting office of the employee was located in which state?

The Redg. Office of the company is located in which state?

How many total people are employed in the establishment?

Does the establishment has its certified standing orders and does it cover designation of employee?

What is designation of employee and nature of duties?

For how many months/days employee has worked (till last day)?

Was the employee under probation period or service was confirmed?

The enactments applicable to establishment/employer shall prevail upon any private agreement/rule/policy that employer has drafted and signed with employee e.g. appointment letter/contract of employment/HR policy/service rules and regulations/service agreement/ etc!

Reply pointwise to all poinst for further response.

Hi Shalini,

Before sending any notice remember this employee already resigned, you need to check his pending leaves if any and rest days what balance after deduction you can recover from the employee in F&F is this correct if any employee resigned and you will issue notice to the employee for not comming office?

I think no.

Hi Shalini,

One question whether agreement signed by employee is it correct to enforce employee when he resigned

suggest check his leave balance deduct the notice term from that that after if any notice term pending recover from the employee through F&F because if any amployee resigned and he got better opportunity any where do he can not join there ?

I think you only can charge employee in F&F by recovery of balance notice period.

You have not replied to:

"Does the establishment has its certified standing orders and does it cover designation of employee?'.................................................'What is the nature of duties of employee?"

You reply to  following is not clear................:

"Was the employee under probation period or service was confirmed?"

Gujarat followed Bombay Shop and Establishment Act............................................and has now Gujarat Shop and Establishment Act...................

An associate should be covered by the def. of 'Employee' in the Act.As per lengh of service of employee the max. applicable notice period can be 30 days.
 

Company/Employer can not  force  employee to serve notice period.

You may check the appointment letter  and yur employer might have inserted that employer can terminate without notice, like wise employee can also terminate without notice.

The T&C in appointment letter/contract of employment should be equitable.

The employee has severed the employer-employee relationship the momment employee has resigned.

The FnF wages/payouts should be tendered on LWD or say within next 3 days or max. by usual pay day.............................or employer can be penalized per instance.

Your company is liable to supply; ackknowledgment of notice/resignation,acceptance,service certificate,relieving letter,NOC/NDC,Form16,FnF statement,FnF payouts,Form16, PF number with a/c slips,ESIC card etc.......................

The HR personnel should be unbiased and should never act on impulse and should always render proper advice to employer!

Any employer would like to fire from shoulder of HR/legal cell personnel and transfer the onus of each unfair, illegal act on these personnel!

The  employee has resigned and submitted resignation.............................hence has not absconded/absented. Falsification of record is offence.

Able Industry captains including IT/ITeS are not wary of attrition and keep succesion plan ready for any eventuality..