one of our manager left in September 2011 after service of 90 days only(18/06/11 to 15/09/11) ,,,before completion of probation period. now, in march 2015, he sent a legal notice through advocate and demanding salary for sep.11...what we should/can do...no appointment letter was given, only offer letter given
From India, Kanpur
From India, Kanpur
Hi,
As per my opinion if ex- employee has served the notice period then no need to hold his salary without any reason.If not served the notice period and review the full & final settelment copy of him/her with reliving letter.
As a HR its our primary responsibility to follow right HR practice. Do not waste your time for Offer letter and appointment letter confusion.
Please discuss with ex-employee in personal and ask for the settelment.
Regards,
Ashish
From India, Pune
175As per my opinion if ex- employee has served the notice period then no need to hold his salary without any reason.If not served the notice period and review the full & final settelment copy of him/her with reliving letter.
As a HR its our primary responsibility to follow right HR practice. Do not waste your time for Offer letter and appointment letter confusion.
Please discuss with ex-employee in personal and ask for the settelment.
Regards,
Ashish
From India, Pune
First, a debt not claimed for over 3 years is barred undian statute.
So you are not liable to pay anything.
Second, if you have a policy of notice period, and the same is not served, and the employee has absconded, you are free to hold back his salary. If the notice period dues was more than salary of 15 days, then in any case there is money to be collected from him.
Speak to your lawyer and ask him to evaluate on these lines and take the next step.
From India, Mumbai
So you are not liable to pay anything.
Second, if you have a policy of notice period, and the same is not served, and the employee has absconded, you are free to hold back his salary. If the notice period dues was more than salary of 15 days, then in any case there is money to be collected from him.
Speak to your lawyer and ask him to evaluate on these lines and take the next step.
From India, Mumbai
Even though the claim made by the person is barred by limitation under the Limitation Act after expiry of three years, yet it is upto the management to decide whether to pay the dues despite barred by limitation, unless any deduction is to be made from the salary. After giving offer since he worked in the company, non issuing the appointment letter is immaterial under Contract Act or Shops and Establishment Act.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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