Unfair Labour Practices - Case Study - notice period.. CiteHR
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Unfair Labour Practices - Case Study

rkulkarn Started The Discussion:

Hello All,
I am working in IT organization from last 2 yrs.
As per our Existing HR Policy, we always make Appraisal in every 6 month for all employees.
Can you help to solve Below issue / real problem / real case : -
Employee Mr. xyz joined dated on 15th Feb. 2010. according to policy 1st six month which we consider as Probation period.
then after six month we can make employees salary revision, confirmation letter, etc. And always applicable from new month.
Which means, above employee has completed his probation period dated on 14th Aug. 2010.
so, new salary revision is depend on his last 6 month performance and applicable from 1st of Sep. 2010.
We made his new salary revision and confirmation letter.
Mr. xyz can suppose to get new salary on month end i.e. on 30th Sep. 2010.
But Mr. xyz has got new opportunity to work in some another organization.
and resigned dated on 30th Sep. 2010 morning. (at that moment salary was not credited due to some accounting issue)
according to the policy our notice period is 45 days.
we accepted his resignation and notice period applicable from next day.
i.e. 1st Oct. 2010 to next 45 days.
His joined CTC was 4 LPA
our revised CTC was 6 LPA
applicable from 1st Sep. 2010.

But due to his resignation we stop our salary process according to new salary revision.
we paid him salary according to old CTC.
because of he has resigned before his new salary acceptance.
so we can not apply new salary for this employee who may not willing to work with us long term.
also, we revised his salary because of his performance and future need, requirement.
Almost completed his new salary month i.e. Sep. 2010. then he has resigned on last date.

So I just want some suggestions -
1) Is Notice period start from next day from date of resignation ?
2) Is new salary applicable for Mr. xyz ?
3) In Above case study -
- Have you find any where unfair labour practices ?
- How can handle above situation.
- If Mr. xyz suppose to resign on 2nd Oct. 2010 then can we stop his salary new salary revision.
4) Also let me know some thoughts on that.




With Regds,
RK

Hello RK…

Following are suggestion of your questions….

1) Notice period start from the date on which he has put his resignation. i.e. date on resignation letter.(in some cases if it has been kept by dept. head for few days & then after will come to HR dept.; so in that case we have to consider date of resignation & not the date we received..)

2) If the salary is not credited in his account; you can still hold it & can pay old one.* (*but first refer your HR policy then take any decision)

3)
(a) as per my understanding.. no unfair labour Practice.

(b) you can still retain him; if he is an asset of the Org. by offering competitive Salary or any other way to make him convince that this is the best Org. in the world; it will be beneficial to both the sides... this way you can cope up with the things..

(c) if salary has already credited then 'NO'.

4) be practical & accept whatever it is... afterall this is our JOB...
so enjoy...............

- pls. reply if it useful to u.

Thanks,

Regards,

Mitesh Valera
HR Executive
Vadodara.
98249 85401.


Quote:
Originally Posted by rkulkarn View Post
Hello All,
I am working in IT organization from last 2 yrs.
As per our Existing HR Policy, we always make Appraisal in every 6 month for all employees.
Can you help to solve Below issue / real problem / real case : -
Employee Mr. xyz joined dated on 15th Feb. 2010. according to policy 1st six month which we consider as Probation period.
then after six month we can make employees salary revision, confirmation letter, etc. And always applicable from new month.
Which means, above employee has completed his probation period dated on 14th Aug. 2010.
so, new salary revision is depend on his last 6 month performance and applicable from 1st of Sep. 2010.
We made his new salary revision and confirmation letter.
Mr. xyz can suppose to get new salary on month end i.e. on 30th Sep. 2010.
But Mr. xyz has got new opportunity to work in some another organization.
and resigned dated on 30th Sep. 2010 morning. (at that moment salary was not credited due to some accounting issue)
according to the policy our notice period is 45 days.
we accepted his resignation and notice period applicable from next day.
i.e. 1st Oct. 2010 to next 45 days.
His joined CTC was 4 LPA
our revised CTC was 6 LPA
applicable from 1st Sep. 2010.

But due to his resignation we stop our salary process according to new salary revision.
we paid him salary according to old CTC.
because of he has resigned before his new salary acceptance.
so we can not apply new salary for this employee who may not willing to work with us long term.
also, we revised his salary because of his performance and future need, requirement.
Almost completed his new salary month i.e. Sep. 2010. then he has resigned on last date.

So I just want some suggestions -
1) Is Notice period start from next day from date of resignation ?
2) Is new salary applicable for Mr. xyz ?
3) In Above case study -
- Have you find any where unfair labour practices ?
- How can handle above situation.
- If Mr. xyz suppose to resign on 2nd Oct. 2010 then can we stop his salary new salary revision.
4) Also let me know some thoughts on that.




With Regds,
RK

rajanassociates - Contributing Member
Dear

The unfair labour practice will come if there is discrimination.The date on which the revision has come into effect as per your accounting practice is the question. You cannot choose and pick because of his resignation.If his resignation is after that then you need to pay him the revised salary.Any way if he buys out the notice period if you pay revised salary then he has to pay that.

With Regards


VS Rajan Associates,
Advocates & Notaries & Legal Consultants[HR]
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684.

rkulkarn - Contributing Member
Thanks VS Rajan.
If organization revised salary of employee from 1st Oct. (applicable from 1st oct.)
and due to unsatisfactory reason (like salary, environment, technology, etc) employee has resigned dated on 29th Oct.
then...
this revised salary is applicable for him ? or not. ?

we revised his salary due to our future requirements, also depend on his performance.
and on that basis he seems not satisfy and resigned...!
so, he don't want to make relationship with us for our future requirements. then why we pay revised salary. ... ?

give me some suggestions.. ...





With Regds,
RK

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