Can an employee force a full and final settlement before he sends back the company device with private and confidential data?
From Canada, Vancouver
From Canada, Vancouver
Dear member,
Once the employee submits a letter of resignation starts, an employer is expected to communicate to him/her to whom to hand over the charge of his/her duties, how to hand it over, and when to hand it over. Additionally, when he/she needs to hand over the company assets that he/she is in possession of. Did your company follow this procedure?
A few days before the date of the separation, the resigning employee is required to take the clearance form from the HR Department and obtain the clearance from each department for having no dues against the employee. Submission of the clearance form, duly completed in all respects, is a starting point for working out the "Full and Final Settlement". Did your company follow this procedure?
If the employee has just stopped reporting for the duties without handing over the company assets issued to him/her, then it is the abandonment of the duties. If the employee has abandoned the duties, then has any communication been sent to him/her to resume his/her duties along with the company assets?
By the way, what proof do you have to show that the employee is in possession of the company assets? While issuing the assets, did your company obtained his signature on the "Asset Allocation Form"? If yes, then how many times the signatures were obtained for the renewal?
Your query was essentially on clearing the FFS of the employee. However, if the process of the discharge itself is not completed, then where is the question of FFS?
Related posts: - Similar queries have come up in the past also. You may refer to the following links:
https://www.citehr.com/336602-policy...ml#post1544266
https://www.citehr.com/375356-ex-emp...ml#post1725508
https://www.citehr.com/465603-retrie...berry-etc.html
Thanks,
Dinesh Divekar
From India, Bangalore
7883Once the employee submits a letter of resignation starts, an employer is expected to communicate to him/her to whom to hand over the charge of his/her duties, how to hand it over, and when to hand it over. Additionally, when he/she needs to hand over the company assets that he/she is in possession of. Did your company follow this procedure?
A few days before the date of the separation, the resigning employee is required to take the clearance form from the HR Department and obtain the clearance from each department for having no dues against the employee. Submission of the clearance form, duly completed in all respects, is a starting point for working out the "Full and Final Settlement". Did your company follow this procedure?
If the employee has just stopped reporting for the duties without handing over the company assets issued to him/her, then it is the abandonment of the duties. If the employee has abandoned the duties, then has any communication been sent to him/her to resume his/her duties along with the company assets?
By the way, what proof do you have to show that the employee is in possession of the company assets? While issuing the assets, did your company obtained his signature on the "Asset Allocation Form"? If yes, then how many times the signatures were obtained for the renewal?
Your query was essentially on clearing the FFS of the employee. However, if the process of the discharge itself is not completed, then where is the question of FFS?
Related posts: - Similar queries have come up in the past also. You may refer to the following links:
https://www.citehr.com/336602-policy...ml#post1544266
https://www.citehr.com/375356-ex-emp...ml#post1725508
https://www.citehr.com/465603-retrie...berry-etc.html
Thanks,
Dinesh Divekar
From India, Bangalore
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