Employee left without notice period. how to releive?

Your establishment is registered as: Industrial, Commercial or Small Enterprise?

How many employees are employed in it and you are located in which state?

The concerned employee was under Probation or was Confirmed employee?

Since you are willing to waive off the notice period you may prepare FNF statement showing all payables to her (compute leave deduction, leave encashment, bonus etc).

Send it alongwith letter of acceptance of resignation and ask her to verify and accept FNF and mention that relieving letter shall be supplied as soft copy by email and hard copy by redg. post.

Originally posted by : Kumar Doab
	Your establishment is registered as: Industrial, Commercial or Small Enterprise? How many employees are employed in it and you are located in which state? The concerned employee was under Probation or was Confirmed employee? Since you are willing to waive off the notice period you may prepare FNF statement showing all payables to her (compute leave deduction, leave encashment, bonus etc). Send it alongwith letter of acceptance of resignation and ask her to verify and accept FNF and mention that relieving letter shall be supplied as soft copy by email and hard copy by redg. post.

Hi Sir, Thanks for the reply. My company is an LLP registered under ROC, Karnataka.

No she was not under probation. After confirmation only she resigned. 

I do not want to fully waive of the notice. I want to deduct the 8 days salary and casual leaves, since she did not serve any notice at all. Just wanted to check if this is legally ok and also wish to know how to calculate the number of days she worked so as to deduct the notice. 

The LLP Act, 2008 was promulgated for the growth of the services sector and small and medium enterprises.

For the particular trade you are into, you might have registered the company as Industrial, Commercial or Small Enterprise and the registration certificate might have been displayed in your office.

Originally posted by : Kumar Doab
	The LLP Act, 2008 was promulgated for the growth of the services sector and small and medium enterprises. For the particular trade you are into, you might have registered the company as Industrial, Commercial or Small Enterprise and the registration certificate might have been displayed in your office.   Accordingly for the service conditions you may look into enactments applicable to your establishment e.g: >>> Karnataka Shops and Commercial Establishments Act: Sec: 6A,15, 16, 21, 39 If the service period of employee………….<6 months Notice period is NIL, If her service is not confirmed in writing by letter duly accepted by her then you may not be able to claim that she is confirmed employee.   The employee is eligible for annual leave with wages @1 day for every 20days worked by employee, another 12 days leave………………………….. It is felt that you may not be able to deduct the wages for leave taken by employee. You may encash the balance leave in FNF statement.   >>> If you are Small Enterprise you may refer to SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT >>> If standing orders are applicable to your establishment but not certified then Model Standing Orders shall apply and leave including CL is well defined in it.   >>> The FNF wages should be paid on last day in office, or within say next 3 days or max. by usual pay day. You may refer to Payment of Wages Act also. If payment of wages is delayed employee can lodge complaint and penalty/instance ca be say Rs.7500/…………… IN FNF statement you may compute Bonus, leave encashment, wages to be paid, reimbursements, OT and may supply FNF statement, relieving letter, resignation acceptance letter, salary slips, PF a/c number, PFa/c slips, Form 16,  ESIC card etc………and close the matter once for all.

My business comes under Karnataka Shops and establishment act.

Looks like the law doesn't provide any justice to employers! I am not sure there are such one sided laws in the country. We give job to people and train them for 6-8 months and finally they just leave without serving any notice? 

Anyways in my case she worked for around 7 months and probation was over. She was confirmed. It is mentioned in her appointment letter that the probation will be for 6 months. Moreover, a written communication was provided and acknowledged by her about confirmation. 

She left without any notice. She left on the next day she sent me a resignation email. I guess I have the legal rights to collect notice pay. I just thought of collecting only a small amount and waiving off the rest.

Just wanted to know how to execute the same without any trouble in future.

Industry Captains are not wary of attrition. They always have succession plan in place.

Avoid bad publicity.

Resignation can be without permission and notice.

T&C are equitable for both employer and employee.

People will come and go.

Businesses are run for bigger causes and stakes. Let such and small things not bother you much.

At the final stage settle the matter amicably at a good note.

She will always speak good about you.

As an employer always record service conditions in appointment letter and keep these in line with enactments applicable to the establishment.

------Deleted due to repetition----

Originally posted by : Kumar Doab
	Industry Captains are not wary of attrition. They always have succession plan in place. Avoid bad publicity. Resignation can be without permission and notice. T&C are equitable for both employer and employee. People will come and go. Businesses are run for bigger causes and stakes. Let such and small things not bother you much. At the final stage settle the matter amicably at a good note. She will always speak good about you.   As an employer always record service conditions in appointment letter and keep these in line with enactments applicable to the establishment.

Can you please get where I can get details on enactments based on Karnataka Shops & Establishments act?

Retain the services of a competent and experienced labor consultant/service lawyer at your location.

Let your lawyer decide the citations in matters that you may face!