Dear All, could you please someone help to clear on this?
Issue is, in my last organization they having 90 days as notice period for separation form the company and they have relived me before 11 days (7 working days) from the Actual last working date but I havenít requested to the management for early reliving. During final settlements they have deducted 7 working days from the earned leave outstanding balance due to this I lost pay for 18 days (11 days early reliving + 7 days from EL). In other think if employees wants to relive before the actual last working day, the company asked them to pay the salary to company whatever the days the reliving early, so itís same applicable to the companies too if they wantsí to relive the employees before the actual last date of service? The policy is applicable to both employee and employer? Please help on how to take action on this?
Thanks all, have a good day

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As the time of separation you should have raised this point & made clear to Employer that you are not intending to get relieve before due date as per Appointment Letter.
Now very less can be done....!!!

From India, Pune
Basically the employer needs time to get the replacement as well as handover for smooth functioning of the work. But employee has already resigned and does not require anything to be handed over so if the employer relieves the employee before the expiry of the notice period no action can be taken against them
From India, Ahmadabad
Dear Prashant B Ingawale , Thank you for your valuable time and reply.
Just i wanted to add one more point, during my exit interview formalites I have asked to HR for the same question and he said, you will be get the salay for acutl day of separatioin and there will be no point to deducte earned leave balances aswell. However this was oral and not a written communication. Now they have deducted my EL, so please advice me, can take any legal action on this?
Thanks again.

Thank you for your valuable time and reply.
If so there will be always in employers benefits and how about employee? If company wish they will relive early and if employees wish they should pay the out of pocket? Itís good for healthy relationship with employer and employee? No one is there to help / support employees? :(
Sorry if I said anything wrongÖ

Have you signed any Full & Final Settlement papers ? If the payment done through Cheque have you withdrawn any amount from the account if Yes then nothing can be done.
If No then something can be done. What was your designation, Comensation, roles & responsbilities in your organization

From India, Pune
No I havenít signed any settlement papers and itís direct credit through bank not a cheque mode and also I havenít couch that amount too.
My role as Team Lead and org is one of the top captive back office in Chennai.

I think you can take resort of Civil Court for dishonouring the Appointment Letter clause.....
From India, Pune
This is a hard fact and one has to accept it, irrelevant of the relationship of employee and employer. Employee after resignation by virtue shows less interest in his work and loyalty factor diminishes hence cannot be fought for.
With regards to your earned Leave you can claim it, send them a letter requesting to release the leave amount and in case you are not getting the payment with 3 gentle reminders you can take appropriate action if desired

From India, Ahmadabad
Dear Mr Prashant Lets be practical, if the earned leave of 7 days is a good amount to be fought for, or we end up paying more for a meager amount
From India, Ahmadabad

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