Can an employer withhold or deduct salary in lieu of company assets not returned by the employee upon employment termination or exit? What will be the clause that has to be added to the employment letter?
From India, Kolkata
1From India, Kolkata
Employment contract is arrived at between Employer and Employee. As Employer is a
'job giver' and employee is 'job receiver' , naturally Employer has got an upper hand over employee
to devise such policies/clauses which may also safe guard the interests of the Employer
but not to hamper employees' interest also.
Such being the case, Employer has every right to demand company's assets to employees
who are seeking separation from the company. If assets are not surrendered to company,
employer has got power to proceed legally also to recover the assets, or its equivalent
cost.
From India, Aizawl
'job giver' and employee is 'job receiver' , naturally Employer has got an upper hand over employee
to devise such policies/clauses which may also safe guard the interests of the Employer
but not to hamper employees' interest also.
Such being the case, Employer has every right to demand company's assets to employees
who are seeking separation from the company. If assets are not surrendered to company,
employer has got power to proceed legally also to recover the assets, or its equivalent
cost.
From India, Aizawl
Thank you for the prompt reply.
Can you also help me with the language of the clause that can be added to the employment letter, if an employee fails to return company property and the action that can be taken?
From India, Kolkata
Can you also help me with the language of the clause that can be added to the employment letter, if an employee fails to return company property and the action that can be taken?
From India, Kolkata
In employment letter, management should not give any warning. If any action by any employee which may deteriorate company's image or loss to company property or not returning company property - these should be dealt with separately, on a case to case basis.
At best, you can add the following clause in the Employment letter/ Appointment offer.
"You are solely responsible for proper upkeep & maintenance of company property, which shall be in your possession, during the course of your employment with us"
From India, Aizawl
At best, you can add the following clause in the Employment letter/ Appointment offer.
"You are solely responsible for proper upkeep & maintenance of company property, which shall be in your possession, during the course of your employment with us"
From India, Aizawl
Sir, Employee resigned and left but she gave wrong credentials in her resignation letter. Should we accept or reject or do nothing?
From India, Bengaluru
From India, Bengaluru
I am not able to cull out anything from the phrase " wrong credentials " mentioned in the query. Basically, employment is a contract based on the willingness of the employer and the concerned employee. The contract continues as long as there is willingness of both the parties. But when the contract falls within the ambit of labor laws, certain statutory restrictions are imposed on this option. Particularly, the employer is precluded from terminating the contract on his own in an arbitrary fashion and so far as the employee is concerned, only restriction is his strict compliance with the notice clause of exit or his attempt to resignation as a ruse to avoid the stigmatic consequence of any disciplinary action either apprehended or pending. Even in cases of the contract of employment concerning higher category employees, sec.23 of the Indian Contract Act,1872 puts some restrictions upon the exit clause on the grounds of public policy. Therefore, the employer has no locus standi to sit as a judge over the reasons for resignation and on this score reject it. Even the employee casts some aspersions on the employer in the resignation letter, the employer can assure some remedy if the allegations are true and reasonable and persuade the employee to withdraw his resignation and if not, deny them stoutly while accepting the resignation. What is the use of keeping an unwilling employee by compulsion?
From India, Salem
From India, Salem
Wrong credentials = Employee wrote she is Accountant in her resignation but she just does data entry work on PC. Now she left and we are unable to contact her. The resignation is not an issue, but since wrong credentials are mentioned in resignation letter, we dont know what to do. Will wrong credentials become a problem later (if she goes to court stating she didnt leave the job or if she says in court that she is accountant and not data analyst.)
From India, Bengaluru
From India, Bengaluru
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