Hello Seniors,
I have an employee who has resigned on 28th Feb 2012. She has used 13 days excess leave for the current calendar year(during her marriage). This will be deducted from her final salary. Now, she wants to serve notice period of one month but her manager says that we deduct her 13 days salary (for unpaid leave) and also reduce her notice period with these 13 days. I am afraid; we can not do this. If she is willing to serve notice period for the rest of 17 days we can not stop her to do that or else we pay her for those 17 days.
Can company force her to resign with immediate effect and that neither company nor employees pays for the rest of teh days? To my mind, we can not do that. If she agrees herself to be releived immediately then it is fine else we would need to pay her.
From India, Delhi
4I have an employee who has resigned on 28th Feb 2012. She has used 13 days excess leave for the current calendar year(during her marriage). This will be deducted from her final salary. Now, she wants to serve notice period of one month but her manager says that we deduct her 13 days salary (for unpaid leave) and also reduce her notice period with these 13 days. I am afraid; we can not do this. If she is willing to serve notice period for the rest of 17 days we can not stop her to do that or else we pay her for those 17 days.
Can company force her to resign with immediate effect and that neither company nor employees pays for the rest of teh days? To my mind, we can not do that. If she agrees herself to be releived immediately then it is fine else we would need to pay her.
From India, Delhi
Dear Jyoti,
According to me you can do the following:
1. You can tell her to serve the notice period, but 13 days of access leaves will be deducted from her full and final settlement.
2. You can tell her to resign and relieve her from her duties from immediate effect by paying her the settlement and deducting the money of excess leave of 13 days...
3. Since you are the HR of the Company, you have to guide the Reporting Manager of the Company's policy during the notice period and its you who has to take decision for a settlement of dues for an employee serving their notice period and not the Reporting Manager....
In case the Company tells her to resign from the immediate effect but does not pay her dues, she can file a case against the Company. To avoid such complications, I suggest you opt for any 1 from the above...
Hope this clears your doubt.....
From India, Mumbai
According to me you can do the following:
1. You can tell her to serve the notice period, but 13 days of access leaves will be deducted from her full and final settlement.
2. You can tell her to resign and relieve her from her duties from immediate effect by paying her the settlement and deducting the money of excess leave of 13 days...
3. Since you are the HR of the Company, you have to guide the Reporting Manager of the Company's policy during the notice period and its you who has to take decision for a settlement of dues for an employee serving their notice period and not the Reporting Manager....
In case the Company tells her to resign from the immediate effect but does not pay her dues, she can file a case against the Company. To avoid such complications, I suggest you opt for any 1 from the above...
Hope this clears your doubt.....
From India, Mumbai
Mr. Chaturvedi,
Just a thought, can we also ask her to get releived with immediate effect AND we do not ask her to pay for 13 days excess leaves taken and we do not pay her for rest of her notice period?
Regards
Jyoti
From India, Delhi
Just a thought, can we also ask her to get releived with immediate effect AND we do not ask her to pay for 13 days excess leaves taken and we do not pay her for rest of her notice period?
Regards
Jyoti
From India, Delhi
If you ask her to get releived with immediate effect you have to pay one month salary and to make full and final settlement.
From India, Madras
From India, Madras
You need to carefully read the company policy on this matter and get it interpreted appropriately. An employee is obliged to serve the notice period, however, the company management, at its own discretion can decide to relieve the employee by taking shorter or zero notice period. They are not obliged to pay for extra days. Full & Final settlement is paid to the extent of the last working day of the employee.
Kindly note that the objective of serving notice period is to ensure that you handover your tasks to the other person or to the department head of the company and to give time to the company to find a new replacement for you. In case the company is not intended to find your replacement and if you are not senior enough or your tasks are not broad enough to require 30 days to handover, in that case, the company can relieve you at a shorter notice or without taking any notice. In this case, the company will pay you till the last working day. From the Full & Final Settlement, you will deduct all the extra money that has been paid to the employee.
I hope this will clear your doubt.
From India, Mumbai
Kindly note that the objective of serving notice period is to ensure that you handover your tasks to the other person or to the department head of the company and to give time to the company to find a new replacement for you. In case the company is not intended to find your replacement and if you are not senior enough or your tasks are not broad enough to require 30 days to handover, in that case, the company can relieve you at a shorter notice or without taking any notice. In this case, the company will pay you till the last working day. From the Full & Final Settlement, you will deduct all the extra money that has been paid to the employee.
I hope this will clear your doubt.
From India, Mumbai
Dear Sir,
The Leave excess availed with pay has to be deducted in full and final settlement.
Regarding notice period for resignation, he has to give one month notice. or he has to pay one month's salary in lieu
of notice and request the management to accept his resignation and relieve him from duty.
D.Gurumurthy
HR/IR Consultant
From India, Hyderabad
The Leave excess availed with pay has to be deducted in full and final settlement.
Regarding notice period for resignation, he has to give one month notice. or he has to pay one month's salary in lieu
of notice and request the management to accept his resignation and relieve him from duty.
D.Gurumurthy
HR/IR Consultant
From India, Hyderabad
Respected Seniors,
Pls help me giving your valuable suggesions regarding ESI.
.Now ESI intimated us to enroll in to the ESI .Is that must?
If its not how we can avoided it?Can we opt a good medical coverage than ESI?acilities got advantage and disadvantage .
I had noticed that some companies are not paying ESI and opted other Private medi claims.
Please help to sort this Issue.
From India, Bangalore
Pls help me giving your valuable suggesions regarding ESI.
.Now ESI intimated us to enroll in to the ESI .Is that must?
If its not how we can avoided it?Can we opt a good medical coverage than ESI?acilities got advantage and disadvantage .
I had noticed that some companies are not paying ESI and opted other Private medi claims.
Please help to sort this Issue.
From India, Bangalore
I agree with this view. The management is empowered to decide on the imposition of notice period, whether a full month or a lesser period. But an employee is duty bound to serve the notice period. Re.excess leave utilised , normally recovery will be made from the final settlement.
kumar.s.
From India, Bangalore
kumar.s.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc