Dear Expert, Can anyone help me with the format of a communication to an ex-employee, whom we have to communicate on shortfall of notice period recovery, so and so amount of money has to be recovered from you.
From India, New Delhi
From India, New Delhi
Dear Amit Paul,
before sending a notice to the ex-employee, the members of this forum need to know whether the employee had submitted a proper letter of resignation and in response to this resignation letter, whether the HR department had sent him a letter outlining the procedure for the discharge which includes serving the notice period as per the terms of his/her appointment letter. One more thing that merits mention is what would be the Last Working Day (LWD) of an employee.
Secondly, did the employee take clearance from each department before stopping coming for the duties? If yes then why HR department issued the clearance form at all? What was the need to do it? The employee could have been just told to serve the notice period and on the last working day or two before, he would be issued with the clearance form.
If the employee has not submitted a letter of resignation or has not taken clearance from each department then it shows the abandonment of employment. In that case, you cannot just stop at sending a letter for the recovery of the notice period but you need to send the notice to the employee to join the duties forthwith. If the employee fails to join then you need to order the domestic enquiry. If the employee fails to depose before the enquiry then your company is free to lodge a police complaint also.
Please confirm entire facts of the case. It will not be proper to send a letter with incomplete knowledge.
Thanks,
Dinesh Divekar
From India, Bangalore
7736before sending a notice to the ex-employee, the members of this forum need to know whether the employee had submitted a proper letter of resignation and in response to this resignation letter, whether the HR department had sent him a letter outlining the procedure for the discharge which includes serving the notice period as per the terms of his/her appointment letter. One more thing that merits mention is what would be the Last Working Day (LWD) of an employee.
Secondly, did the employee take clearance from each department before stopping coming for the duties? If yes then why HR department issued the clearance form at all? What was the need to do it? The employee could have been just told to serve the notice period and on the last working day or two before, he would be issued with the clearance form.
If the employee has not submitted a letter of resignation or has not taken clearance from each department then it shows the abandonment of employment. In that case, you cannot just stop at sending a letter for the recovery of the notice period but you need to send the notice to the employee to join the duties forthwith. If the employee fails to join then you need to order the domestic enquiry. If the employee fails to depose before the enquiry then your company is free to lodge a police complaint also.
Please confirm entire facts of the case. It will not be proper to send a letter with incomplete knowledge.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr. Dinesh,
Thanks for your response in details.
Please note the ex-employee who has served only 5 days notice instead of 90 days agreed to pay shortfall of notice period to the orgnisation. Now he is asking for the recovery amount so that he make the payment and take clearance from all departmental head and submit to HR department, post that HR will release a relieving letter along with F&F settlement.
I am asking only for the communication format if we have anything specific.
Hope the above will solve your query.
Regards,
Amit
From India, New Delhi
Thanks for your response in details.
Please note the ex-employee who has served only 5 days notice instead of 90 days agreed to pay shortfall of notice period to the orgnisation. Now he is asking for the recovery amount so that he make the payment and take clearance from all departmental head and submit to HR department, post that HR will release a relieving letter along with F&F settlement.
I am asking only for the communication format if we have anything specific.
Hope the above will solve your query.
Regards,
Amit
From India, New Delhi
Dear Amit,
Things are not clear even now also. You have written, "Please note the ex-employee who has served only 5 days notice instead of 90 days agreed to pay the shortfall of notice period to the organisation. Now he is asking for the recovery amount so that he makes the payment and..."
But then why the employee is asking for the recovery of the amount? Recovery of what? He is due to pay you for the shortfall even then also why is he asking to clear dues from you? Do you accept that you are due to pay any amount to the employee? If you are due to pay then why is he not putting up an application for the adjustment of funds?
Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
Things are not clear even now also. You have written, "Please note the ex-employee who has served only 5 days notice instead of 90 days agreed to pay the shortfall of notice period to the organisation. Now he is asking for the recovery amount so that he makes the payment and..."
But then why the employee is asking for the recovery of the amount? Recovery of what? He is due to pay you for the shortfall even then also why is he asking to clear dues from you? Do you accept that you are due to pay any amount to the employee? If you are due to pay then why is he not putting up an application for the adjustment of funds?
Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr. Dinesh,
I missed to communicate properly, the Ex-employee asking for the calculation that how much amount has to pay to the organization as shortfall of notice period. He want a official communication so that he will initiate the process of payment.
My requirement is if we have any communication draft which can be used while communicating to him.
Regards,
Amit
From India, New Delhi
I missed to communicate properly, the Ex-employee asking for the calculation that how much amount has to pay to the organization as shortfall of notice period. He want a official communication so that he will initiate the process of payment.
My requirement is if we have any communication draft which can be used while communicating to him.
Regards,
Amit
From India, New Delhi
Dear Amit,
For the payment to be made lieu of serving the notice period, have you given any formula in the appointment letter? If yes, then check it, calculate the amount and intimate to the employee. Give break up of the amount also.
Of the ninety days, the employee has served a notice period of five days only. Therefore, he is due to pay the notice period amount for 85 days.
The letter or email that needed to be forwarded is of routine nature. I recommend you prepare the draft of the email on your own and upload here. Providing a readymade draft even for a basic activity like this is nothing but the spoonfeeding. Why do you wish to be spoonfed by the seniors?
Thanks,
Dinesh Divekar
From India, Bangalore
For the payment to be made lieu of serving the notice period, have you given any formula in the appointment letter? If yes, then check it, calculate the amount and intimate to the employee. Give break up of the amount also.
Of the ninety days, the employee has served a notice period of five days only. Therefore, he is due to pay the notice period amount for 85 days.
The letter or email that needed to be forwarded is of routine nature. I recommend you prepare the draft of the email on your own and upload here. Providing a readymade draft even for a basic activity like this is nothing but the spoonfeeding. Why do you wish to be spoonfed by the seniors?
Thanks,
Dinesh Divekar
From India, Bangalore
The starting point of the correspondence will be as per terms and conditions of appointment.
Then from office side work out entitlements and deductions. Spell out each element clearly and if balance is due to be paid by employee.Ask him to pay Rs------ to so and so bank a/c-IFSC code,Branch etc can be specified.
Make your sentences simple and clear and polite while writing.
From India, Pune
Then from office side work out entitlements and deductions. Spell out each element clearly and if balance is due to be paid by employee.Ask him to pay Rs------ to so and so bank a/c-IFSC code,Branch etc can be specified.
Make your sentences simple and clear and polite while writing.
From India, Pune
Hi Team,
if an employee reliving from the service with half of the notice period (out of 90 days served only 50 days), as an employer should share the notice period recovery statement.
please let us know, how many days prior employer should share this calculations. is there any time frame as per the act.
From India, Bagalkot
if an employee reliving from the service with half of the notice period (out of 90 days served only 50 days), as an employer should share the notice period recovery statement.
please let us know, how many days prior employer should share this calculations. is there any time frame as per the act.
From India, Bagalkot
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
06b-Form VI-B (Notice of Commencement of Contract Work).pdf