Madhu.T.K
Industrial Relations And Labour Laws
Jiraiyasama
Software Engineer
+1 Other

Dear Seniors,

My company laid two months (60 days) of notice period for separation.

In my case, I was willing to serve the notice period of two months.

After few days of my resignation, my manager (who has the authority to decide the relieving date) mentioned the relieving date and directed the HR to take on the proceedings for F&F calculation etc.,

The company's policy book says "In cases where the management intends to relieve the employee earlier than the notice period HR will take approval to waive off the notice period".

My manager has the authority to decide the relieving date and also approve the waiving off of notice period.

What I understand from this policy is, if the concerned authority decides the relieving date it is equivalent to an approval to be forwarded to HR guys. With this approval HR can waive off the notice period.

I was relieved on tenth day of resignation.

During F&F calculation, the HR team asked me to pay for the remaining 50 days of the notice period, which I think is absurd. They stated that even though I was willing to serve the notice period, the manager wants to relieve me early and also he didn't approve the notice period waive off. In effect, my employment was terminated the 10th day and I have to pay for the remaining 50 days (gross salary) which is a huge amount.

When I pointed out the clauses in the policy book and asked for an explanation, the legal section head and the HR said that "Theory and practise are always different".

Kindly help me on this. Please let me know is there any practice where the employer relieves the employee earlier than the notice period, even if he's willing to serve, and asks him to pay for the notice period not served.

Also let me know whether or not a company is entitled to abide by the policy books made by them. Can I file a lawsuit against the company?

Jiraiya
4th July 2012 From France, Guyancourt
This is a bad HR practice. HR policies and practice can not be different. If it is so, what is the need of making a policy. If so, what is the need of a specific Act called, Industrial Employment Standing Orders Act?
In practice if an employer is relieving an employee before the effective date of his relieving, the employer will pay the remaining days salary. Here, instead of that the employee is asked to pay notice pay. It is just contrary to the principles of natural justice.
Please have a good talk with the concerned persons and settle the issue.
Madhu.T.K
4th July 2012 From India, Kannur
If the employee is willing to serve the notice period, and the Company waives of the notice period, then the balance period of notice peior cannot be recovered from the employee.
The implementation of the notice period waiver and recovery of notice pay is arbitrarilty used and interpreted by your Company Officials to suit its own advantage.
You can sort out the same with your HR, and if they do not agree, you can see legal assitance, and issue a Legal notice to the Company.
5th July 2012 From India, Pune
Dear Mr. Madhu and Mr. Ashish,
Thank you for the replies.
This is not the only case. In case of leaves adjustment/encashment while relieving HR is following a random procedure.
For one of my colleagues, they subtracted the leaves from the notice period and asked him to pay for the rest of the period.
In my case, they encashed per day basic amount for available leaves and asked me to pay the per day gross amount for the entire notice period.
Please let me know whether they can follow a random procedure like I mentioned above, also, I want issue a legal notice to them for misguiding me regarding payment for notice period.
Please help.
Jiraiya
9th July 2012 From France, Guyancourt
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