Dear Sir, plz help to resolve one query which my colleague is facing in a company he is been alleged that he has asked incentive frm his subordinate as the allegation was given to hr by his subordinate this issue was pending with hr frm 8 months as this was happened in the month of October. He was issued show cause notice in the month of nov 13 for the he replied the show cause the hr did not reply for that explanation till now, in the month of march he got an opportunity for profile increment got an mail to local hr to relieve him frm his duties and join in other location but the company has again opened the allegation and ordered it for fraud investigation against him.this was happend in march for that the investigation report has not come yet.Now the company want to terminate the employee as he found guily of asking incentive frm his employee.the employee was an high perfomer and has won lot of awards rewards frm the company. My query is why the company is not showing mercy against him as he had not enjoyed the amount which it does not come to his pocket.for asking cash does not mean termination. If he got terminated how will his career gets affected what about his pf and gratuity and how about his experience letter and relieve letter wl be issued to him.wheather he can join or shift any company. Plz suggest best possible way to him so that he can come out of his mess as he is very much depressed frm 9 months due this torture.
From India, Hyderabad
From India, Hyderabad
Hi,
Was that true that your friend asked his subordinates for incentives??
If a Company terminate an employee then, an employee is not eligible to get the relieving letter nor experience letter. However, on this case as HR as not replied from long time & now taking action on that as NO MEANING. Hence your friend can talk to the Higher level / Management on the same & atleast get his Relieving letter & Experience letter.
An employee have rights to claim his PF amount on whatever situations are (Termination / Resigned / Absconding). Also if he has served 5 years in the same company then he is eligible for Gratuity too.
From India, Bangalore
7Was that true that your friend asked his subordinates for incentives??
If a Company terminate an employee then, an employee is not eligible to get the relieving letter nor experience letter. However, on this case as HR as not replied from long time & now taking action on that as NO MEANING. Hence your friend can talk to the Higher level / Management on the same & atleast get his Relieving letter & Experience letter.
An employee have rights to claim his PF amount on whatever situations are (Termination / Resigned / Absconding). Also if he has served 5 years in the same company then he is eligible for Gratuity too.
From India, Bangalore
The business came with the effort of the superior there was no effort frm his subordinate and he cannot book the business under his emp code he approach ee his jr and he agreed to give 60% incentive after amt was credited he did not not paid tge agreed amt and inturn complained hr for which he has not put ant effort tge employee has completef 5.8 years in the company.now he resigned for giving this kind of torture and he is feeling very bad on his part the subordinate breached abd cheated his superior.plz provide possible solution for this query he has 9+years experience he has a bright futurw ahead if company terminate s him he wl be on road for doing nothing.
From India, Hyderabad
From India, Hyderabad
The business came with the effort of the superior there was no effort frm his subordinate and he cannot book the business under his emp code he approach ee his jr and he agreed to give 60% incentive after amt was credited he did not not paid tge agreed amt and inturn complained hr for which he has not put ant effort tge employee has completef 5.8 years in the company.now he resigned for giving this kind of torture and he is feeling very bad on his part the subordinate breached abd cheated his superior.plz provide possible solution for this query he has 9+years experience he has a bright futurw ahead if company terminate s him he wl be on road for doing nothing.if he does not relieve d frm his duties he cannot move ahead in his career plz guide or suggest
From India, Hyderabad
From India, Hyderabad
Hi Zaid ahmed,
Nothing to worry these things happens in Company. Ask your friend to speak to HR if nothing works out then Management (If you company is small) regarding the relieving formalities. As I told u earlier he is eligible to get his Gratuity & PF from his company. Also he will get a good job... Be positive!!
From India, Bangalore
Nothing to worry these things happens in Company. Ask your friend to speak to HR if nothing works out then Management (If you company is small) regarding the relieving formalities. As I told u earlier he is eligible to get his Gratuity & PF from his company. Also he will get a good job... Be positive!!
From India, Bangalore
[QUOTE=KShalini;21486for youHi Zaid ahmed,
Nothing to worry these things happens in Company. Ask your friend to speak to HR if nothing works out then Management (If you company is small) regarding the relieving formalities. As I told u earlier he is eligible to get his Gratuity & PF from his company. Also he will get a good job... Be positive!![/QUOTE]
Hi shalini thank you for ur motivation how about the releive letter and experience letter he is constantly in touch with hr and his boss who sits at mumbai.this a very big company abd popular too in the market.if he gets terminated this wl be worse for him.eventhough if he is terminated and finds job and joined in other company what wl be the other company going to do with his candidature if they come across or enquired in the past company.
From India, Hyderabad
Nothing to worry these things happens in Company. Ask your friend to speak to HR if nothing works out then Management (If you company is small) regarding the relieving formalities. As I told u earlier he is eligible to get his Gratuity & PF from his company. Also he will get a good job... Be positive!![/QUOTE]
Hi shalini thank you for ur motivation how about the releive letter and experience letter he is constantly in touch with hr and his boss who sits at mumbai.this a very big company abd popular too in the market.if he gets terminated this wl be worse for him.eventhough if he is terminated and finds job and joined in other company what wl be the other company going to do with his candidature if they come across or enquired in the past company.
From India, Hyderabad
I think somebody is playing with him to spoil his career as know him grm years together he is well behaved have very sound knowledge of market.Hr has informed him to wait for 2 days.Due to tjis complaint he as got up as a rating no increment now facing difficulties even he has put resignation. Can he approach human rights commission to get it rights or should approach a good advocate.Is there any rule in hr policies to come out of this mess.plz share ur views.But he his very very depressed and demotivated may be he will take time to come out of the depression and wrong things which has happened to him.
From India, Hyderabad
From India, Hyderabad
Dear Ahmed,
As per the law if an employee's services are terminated due to misconduct he is not entitled to gratuity under the Act. Of course, he will be entitled to the EPF.
As regards his problem, he should directly meet the top brass of the company or the General Manager of the unit if the unit is big and explain wrt his performance in the organisation and also his conduct as far as the complaint is concerned and seek his pardon. If the officer does not agree, the employee should seek offer his resignation and seek the approval of the top boss on humanitarian ground. This is the only way to settle the issue. Besides, he may also talk to his subordinate as to the cause of his disgruntlement with him and to sort it out amicably.
I am sure a way will emerge.
S.K.Johri
From India, Delhi
As per the law if an employee's services are terminated due to misconduct he is not entitled to gratuity under the Act. Of course, he will be entitled to the EPF.
As regards his problem, he should directly meet the top brass of the company or the General Manager of the unit if the unit is big and explain wrt his performance in the organisation and also his conduct as far as the complaint is concerned and seek his pardon. If the officer does not agree, the employee should seek offer his resignation and seek the approval of the top boss on humanitarian ground. This is the only way to settle the issue. Besides, he may also talk to his subordinate as to the cause of his disgruntlement with him and to sort it out amicably.
I am sure a way will emerge.
S.K.Johri
From India, Delhi
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