Steps to take after termination

Querist : Anonymous (Querist) 12 January 2012 This query is : Resolved
Dear experts,

What Step a company should follow to counter

legal problem if an old permanent employee with

20 year of service (clerk) who refuse to resign was

terminated with effect from a particular date on

grounds of surplusage and recession after

offering him a month notice pay and his legal

dues like gratuity as per terms of his appointment

letter which he can collect with prior appointment

on any working day?

Note that 30 days have passed from date of

termination and no collection/correspondence

from his side or correspondence from company

side have been made so far and f/f cheques are

lying with company.

HR team

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Raj Kumar Makkad (Expert) 12 January 2012
It shall be better to either transfer the amount of gratuity in his bank account intimating him accordingly or to send a cheque through registered post.

if your termination is as per procedure then nothing to worry otherwise you should prepare grounds for surplus. Your time office might be of the knowledge that in surplus cases, last go is applied so this formula might have been followed and it is also a law that if any fresh appointment for the same post is made during the remaining period of lawful superannuation of that employe, he shall be given preference.

Querist : Anonymous (Querist) 13 January 2012
Dear Makkad Sir,

Really thankful for your prompt advise.

What do you mean by grounds of surplus?

We have already mentioned recession and economic slowdown which is going in world over.

Please also advise about 'last go formula of surplus' as we don't know about it.

team HR

Deepak Nair (Expert) 13 January 2012
Dear Rajkumar Sir, thanks a lot for throwing light on the same.

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