Dear Experts, One of our employer worked with our company for 7months...without serving the notice period he left the org. later we sent the final settlement sheet deducting the notice pay...now he is saying that we should not hold his payment.AS well he his asking for the LTA , Bonus and incentives which we give only if an employee completes one year with our company.Now this guy is putting a mail saying that he will give 10 day sof time within that we have to pay his dues it seems.How can deal with this issue..KINDLY HELP ME OUTTTTTTTTTTTT
From India, Madras
From India, Madras
363
when u beliv tat ur wrong...jst pay n clear it....as per the rule u cant anybody salary & statutory bonus....bcoz if the employee approach the labour court ur management wl face problem....jst check out ur rules & regulation or standing orders of the company...on dis bases wht appointed letter ur given to the employee.... then if the employee had done mistake then make a document...like notice....n den enquiry....and file it....
ramnath
From India, Bangalore
ramnath
From India, Bangalore
Hi All,
Mr Ramnath has given the most appropriate solution for your qeury rthithik. Which includes all the part ...means if you have filed everything than no need to woory . However if there is any thing which has been left than need to verify the details before you take any steps ahead.
Ashwani R
From United States, Tampa
Mr Ramnath has given the most appropriate solution for your qeury rthithik. Which includes all the part ...means if you have filed everything than no need to woory . However if there is any thing which has been left than need to verify the details before you take any steps ahead.
Ashwani R
From United States, Tampa
Hi
When ever any employee leaves, before making full & final settlement, employer shall obtain resignation letter from such employee, this resolves the issue related to labour disputes. Regarding recovery of notice pay, you may act as per terms of appointment letter, but notice pay recovery shall not be more than 1 month. Regarding Bonus, if any employee worked for 30 days or more and drawing Basic+DA upto Rs.10,000/-p.m. will be eligible for bonus. Regarding LTA and Incentive, you may act based on terms mentioned in appointment letter.
Regards
Sunil
From India, Hyderabad
When ever any employee leaves, before making full & final settlement, employer shall obtain resignation letter from such employee, this resolves the issue related to labour disputes. Regarding recovery of notice pay, you may act as per terms of appointment letter, but notice pay recovery shall not be more than 1 month. Regarding Bonus, if any employee worked for 30 days or more and drawing Basic+DA upto Rs.10,000/-p.m. will be eligible for bonus. Regarding LTA and Incentive, you may act based on terms mentioned in appointment letter.
Regards
Sunil
From India, Hyderabad
Dear Questioner, pls pay bonus,incentive and lta on monthly basis and setteled their full and final, as per the rule employer have not right to hold/not pay any amount execept till not issued any disciplinery action in written.
Thanks,
Nisy
From India, Delhi
Thanks,
Nisy
From India, Delhi
Hrithik,
In my opinion the organization has jumped to conclusion too early. It appears that he has formally resigned but left earlier than notice period based on which you have committed the full an final settlement.
I think incentive would be performance based so you could decide based on his contribution and the terms of agreement from the appointment letter. LTA is payable once in two years on claims made so you may decide based on any such proofs submitted. Also,You might want to pay him a prorated monthly balance after tax deductions and to gain a good image for the org.
From United States, Ogden
In my opinion the organization has jumped to conclusion too early. It appears that he has formally resigned but left earlier than notice period based on which you have committed the full an final settlement.
I think incentive would be performance based so you could decide based on his contribution and the terms of agreement from the appointment letter. LTA is payable once in two years on claims made so you may decide based on any such proofs submitted. Also,You might want to pay him a prorated monthly balance after tax deductions and to gain a good image for the org.
From United States, Ogden
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