PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
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Madhu.T.KThis 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.
From India, Kannur
email@example.comIf 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.
From India, Pune
JiraiyasamaDear 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.
From France, Guyancourt