An employee has left the organisation without notice and without handing over the company's assets and his only remaining dues are the statutory bonus for 2016-17.
The query is can notice pay and the cost of assets be recovered from his Bonus dues?
From India, undefined
1The query is can notice pay and the cost of assets be recovered from his Bonus dues?
From India, undefined
Have you communicated in writing to the last known address of the Employee about amount due towards Notice Pay & non returning of Company assets? you can recover the dues to the company from the Bonus Amount payable with proper documentation.Please put proper systems in place to avoid such situation in future.
From India, New Delhi
From India, New Delhi
First of all send a letter to the employee for notice period as well as handing over the company asset immediately or he/she will face legal consequences. After due notices if the employee fails to return the company asset please formaly file and F.I.R. then lastly you can recover the said money from his Bonus if it suffices.
From India, Ahmadabad
From India, Ahmadabad
notice pay comes where retrenchment u/s 25F of ID Act is done or when to resort to approval petition u/s 33(2)(b) of ID Act,
Read more at: http://www.lawyersclubindia.com/forum/Notice-pay-2576.
Employees employed by Industrial establishment / factory are issued appointment order defining the terms and conditions of employemnt. Where an employees wants to leave the service of the company, he has to give notice to the Management( Normally one month for junior cadres and two to three months for senior cadres) so that the Management has adequate time to look for replacement of the outgoing employee. Similarly if the Management opts to remove an employee with or with out any reason the notice period clause provides for the notice period referred above. Further they same clause shall also include a term in lieu of notice which means either party ie, employer or employee can pay the salary equivalent to the notice period in lieu of serving the notice period subsequent to removal or resignation as the case may be. This is a very important mandatory clause in all appointment order issued by the organisation. All appointment orders will also define salary for the purpose of Gratuity, bonus and P.F. deductions as basic + DA. Hence in line with this the notice pay per month shall be per month basic pay. Payment and deductions for notice period shall be made @ basic pay only and allowances shall not be included. In the above referred case basic pay of Rs.10,000/- shall be taken in to account for notice pay calculations.
Read more at: http://www.lawyersclubindia.com/forum/Notice-pay-2576.
Employees employed by Industrial establishment / factory are issued appointment order defining the terms and conditions of employemnt. Where an employees wants to leave the service of the company, he has to give notice to the Management( Normally one month for junior cadres and two to three months for senior cadres) so that the Management has adequate time to look for replacement of the outgoing employee. Similarly if the Management opts to remove an employee with or with out any reason the notice period clause provides for the notice period referred above. Further they same clause shall also include a term in lieu of notice which means either party ie, employer or employee can pay the salary equivalent to the notice period in lieu of serving the notice period subsequent to removal or resignation as the case may be. This is a very important mandatory clause in all appointment order issued by the organisation. All appointment orders will also define salary for the purpose of Gratuity, bonus and P.F. deductions as basic + DA. Hence in line with this the notice pay per month shall be per month basic pay. Payment and deductions for notice period shall be made @ basic pay only and allowances shall not be included. In the above referred case basic pay of Rs.10,000/- shall be taken in to account for notice pay calculations.
Yes, recovery can be made from the Bonus. Prepare full & final settlement send a letter for payment of dues along with FnF statement .
From India, Thane
From India, Thane
Dear Rashmita,
If employee is left from the organisation, then the first process should be an show cause for his absenteeism from the work place. Even if he is not responding to the show cause you may go further and terminate him after appropriate inquiry and charsheet prepared on him. After this you may prepare his F&F details and you can deduct his Bonus dues against recovery if any. Also, if the amount is short then you are free to send recovery letter's to his registered address after regular intervals. After 3 such letters you may have an option to take legal action and file lawsuit against him.
If employee is left from the organisation, then the first process should be an show cause for his absenteeism from the work place. Even if he is not responding to the show cause you may go further and terminate him after appropriate inquiry and charsheet prepared on him. After this you may prepare his F&F details and you can deduct his Bonus dues against recovery if any. Also, if the amount is short then you are free to send recovery letter's to his registered address after regular intervals. After 3 such letters you may have an option to take legal action and file lawsuit against him.
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