Dear All,

I have joined a company and been working with them from past 8-9 months.

My queries:

1. I have not taken any leaves during last 9 months but recently i got married and applied for 25 days leaves (for marriage purpose) and hr has sanctioned only 12 days leaves and rest days as loss of pay even i had 25 leaves in my account, also they have stopped my salary of past 3 months.

2. I requested my company that after marriage i would want to work in day shift as i am not keeping well on health front and i had been assured that i will be moved to day shift after marriage, now HR has put up a condition that i will be given day shift only if i will not take leave for next 3 month.

Because of above reasons i am mentally disturbed and not in a condition to continue with the organization.

Can anyone please advise me what shall i do next and how shall i handle the HR.

HR is threatning in way of bond and relieving letter.

So is bond legal in nature and can hr stop the salary of an employee for 3 months.

I have discussed the above queries from some of my freinds and they said its illegal in nature and freezing and is an criminal offence (freezing salary for 3 months), if it is so kindly let me know the supporting labor act so that i can stop the harrassment.


From India, Gurgaon
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Dear Ash,

Your problem seems to be genuine. Usually HR in any organization are employee and employer friendly and do not behave in such a haste manner. I am surprised to read that the HR in your organization are behaving in such a disrespectful manner.

As per your query, please find my suggestions / feedback below:

1. You need to submit an medical certificate from a certified medical practitioner stating the health problems you are facing and an application for change from night shift to day shift supported by the medical certificate.

2. The sanctioning of leave for your marriage from 25 days to 12 days is at the discretion of the H|R / Management. So I suggest that you do not challenge it.

3. You can go to the higher authorities (Management) and state your problems related to salary. Come on a common discussion table and try to resolve the salary issue. Don't just try to be adamant and stick to your point. Remember Management will agree to your terms only when you agree with them.

4. Last but not the least. As far as bond is concerned, many companies have a policy of getting a bond signed by their employees. Incase if you leave the organization before the tenure mentioned in your bond, then the company has full rights to take a legal action against you to recover the liquidity damage which is mentioned in your bond. Therefore, I suggest that do not break the bond and try to speak to the HR / Management to resolve your issues.

Wish you Success for future...

From India, Mumbai

Dear Ash,
You have stated that you have been working in that company from past 9-8-9 months, tell me how you got 25 leaves in your account. and also you have said that management has agreed just to give 12 days leave right, tell me which position you were handling and whether your presence to office is mandatory to the company.
And also give explanation that you said you have not received salary from past 3 months right.......whom you have consulted to have the discussion and what was the feed back.
Dont ever think HR as a roudy or stupid, what ever he has done its both from employee and employer beneficail only. got it
Venugopala B A
Manager HR & Operation

From India, Bangalore

Yes..i totally agree with Mr Venugopala B A..first let you answer to these questions..after that only will advice you.
From India, Hyderabad
Pankaj Deshpande

No point to discuss with a new job, put resignation,serve notice period or prefer to abscond...
From India, Pune

Dear Ash,
For your kind information its HR deptt...means providing resources to all empoys of an organization equally. You jst speak with your BOSS (immediate reporting) if he approved your leave and shift jobs then HR will not have any problem at last your boss require ur support for the organisational business. Don't ever blam for anything to HR.
GOD bless u!!
Harvinder Remotra

From India, Calcutta
Ram Chauhan

Dear Ash,
Your problem is not very clear, need more clarification on some points to provide you proper resolution.
1. As you have stated that you are working with this organisation from past 9 months, tell me how you got 25 leaves in your account (kindly share the leave policy)
2. What is the nature of your organisation, how big your organisation is and what position you are holding in your position (To know how critical is your position)
3 . You said that "they have stopped your past three months salary", so are you not getting your salary from last three months??
4. If your management ready to change your shift ("from night to day"), still you need 25 days leaves,
5. What kind of "BOND" you have signed, and what kind of conditions are there in bond?
Ram Chauhan

From India, Perungudi
Dear Ash,
Well this is obvious that your payment would kept on hold as you were on lwps after your 12 days of leaves, but they can't put that salary hold for ever. Also, is this a BPO as you are saying morning shift and night shift? If yes, then you can also touch your senior HR, or your process manager.
What is your location?, If I can help you find in new job (my offer is restricted to a area.)
Show them your medical paper and ask for the morning shifts, and no one can hold your salary unless someone plans for you (your boss).
Take care
And, feel free to call on
Tushar Pratap Singh

From India, Delhi

Hello Ankit Chaturvedi,

Without going into the merits/demerits of what Ash mentioned--since she posted her query 4-5 days ago & hasn't responded to the members' responses so far and also you & others have given apt suggestions--just would like to point-out about your remarks about Bonds.

The aspect/issue of Employer Bonds has been discussed quite a few times in CiteHR--and the general conclusion of many Legal members has been this: Bonds are legal ONLY IF it relates to any provable specialized Training and/or overseas trips NOT related to revenue generation. Under any other circumstances, Bonds are ABSOLUTELY ILLEGAL.

However, most CiteHR members--including legal ones--don't suggest legal remedies to such situations AS A FIRST STEP for another reason--more to do with the practicality of an employee going legal. Any Company can hire the best lawyer to fight the case--which most often takes years. But the employee has to fend for himself/herself--in terms of costs, time, effort & MORE IMPORTANTLY psychologically [which not many can handle].



From India, Hyderabad
The Company doesn't deserve any rights to freeze the employee's salary without any prior info given to the employee.
I suggest to talk to your HR Team and payroll team to get it sorted.

From India, Bangalore

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