Business Mentor, Consultant And Trainer
Principal Hr Consultant
Replies to your questions are as below:
1. I need to take leave for a family function and now I'm told that I will have to extend my notice period to that extent. I have leaves available. Please advise as I think I can take available leave and that should not affect my last working day.
Reply: - Employee leave and resignation are two unconnected things. These need not be linked together. Neither employee leave be linked to the notice period. Asking employee to extend period because the employee avails of leave is ridiculous. Ask your HR which labour law permits this rule.[/b]
2. I resigned on 17th Nov2017 and 60 days notice period would mean my last working day would be 15th Jan 2018. But company says 16th jan2018. Please advise.
Reply: - This confusion is because you are counting 17th Nov and your company is excluding this day.
Notice period of 60 days = (13 days of Nov) + (31 days of Dec) + (16 days of Jan 2018)
3. Company will hold almost 2 months salary which will be settled along with Full and Final within 45 days from the date of last working day. Which is no where mentioned in my offer letter and was never informed about. Please advice how can I ask them hold 1 month salary and pay with Full and Final settlement.
Reply: - Withholding the salary violates Shops and Establishment Act. When employee leaves the company, the wages need to be paid on the last working day. At best, the salary may be paid when the salary is disbursed at the end of the month. Your salary for Nov 2017 should have been paid by 10th of Dec 2017, salary of Dec 2017 by 10th Jan 2018 and salary till 16th Jan 2018 can be paid along with the payment for that month.
Final Comments: - Though employee submits resignation well before 60 days and yet if the company takes 45 days to clear the employee salary then it speaks of poor HR practice. Are we in 19th century? What is the use of having computers, IT systems and so on? HR of that company should have educated to the top authorities about the illegal activities that their company is following. But then this is the problem is!
20th December 2017 From India, Bangalore
20th December 2017 From India, Pune
You can take leave during notice period.
It is rather an odd practise to tell an employee on notice period to extend his date because he has taken leave.
Employer should not try to retain employees forcefully like this,They rather need to tweak their HR policies.
Withholding of salary is not legal.
Tackle the issues boldly but diplomatically.First you should be aware of the legal practises of withholding pay,leave etc and then speak.
20th December 2017 From India, Pune
I used to work for a company and absconded after working for just about 1 month and 15 days(I was on probation) as I got a better opportunity elsewhere, I spoke to manager and HR that I'd got a better job and as my financial position is weak I have to take it hence,they said they'll treat me as absconded and terminate me(I submitted all company articles with me back to them) Now after almost a month from my last working day they've mailed me asking for F & F settlement amount which I can't afford to pay, they have also mentioned that if I fail to pay dues within 3 days they will be constrained to initiate appropriate action against me, however there is a sentence in the mail that says It is only on receipt of recovery amount They will provide experience or releiving letter, friends I'm scared and need to know If I can ignore it and not pay anything, I don't want experience letter, I know it will affect my future but I can't afford to pay the amount.I'm cornered please help me guys
20th December 2017 From India, Ahmedabad
You were on probation and what was the notice period given as per their offer letter.
I really do not think they will initiate any action for an absconding probationary employee.
Not withstanding put up the wordings regarding termination,notice period in your offer letter.
No point being scared now after the act.
Let us find a way out of the problem.
21st December 2017 From India, Pune
1. To advice you properly following informations required;
a. In your appointment order - what exit clause speaks?
b. What is the company policy on leaves?
c. What is your category, are you an agent or management staff in the BPO?
d. Management can not hold salary for 2 months, is it in writing in the policy? This is illegal and immoral as it causes extreme hardship to the employee concerned.
e. What is the policy of the company on adjusting EL/PL against the notice period?
2. Appointment order does not talk about FnF process.
21st December 2017 From India, Thane
My status is also same. I resigned (nov 23-mail- after discussing on 17th Nov ethically)after 15 yrs of service on medical grounds / family illness/ personal reasons by mentioning last date as Dec 6th. No resistance shown and process stared immediate because I leave mainly due to HR / Boss made some mistakes on improper treatment due to some misunderstanding. HR edited my resignation back dated 1st Nov with my boss approval saying for calculation purpose and took into account of 36 days served and hold salary for that period and hence 36*2 ( service+salary) 72 days and balance is 18 days for which they adjust with unclaimed. And I have 35 days leave credit.My gross is 54k, (64k for 36 days,63k for PL,70k unclaimed med/conv). For 18 days is 32k and they have my 36 days salary 64k,unclaimed 70k, PL 63k (which is neither considered for notice period or encashment even on basic-(12k) and says I owe 250 rs further. For all my queries only one answer company policy in oral which was never Shown or circulated.I belong to management cadre. In my appointment letter no specific mention of notice period coz mine was a sportsman that time. Our company guess comes under Factories act / S&E act TN.My queries are
1. Is calculating recovery in gross is right or calculating in basic is right method.
2. Is Recovery in gross and payable in basic / nil is right.
3. Can a company completely make PL zero by saying it lapses.(30 days is a month's salary). Says eligibility only applicable for workers and not management staff.
4.Does rules differ for Management staff / Workers in PL/EL. Then what is the meaning of PL and why it is shown in payslip.
5.Can a company hold salary on their own. ( in reality despite my sufferings I was ready for covering 90 days amount by security deposit).
6.Can a company have their own rules in a standing order. Then what is the meaning of standing order. If it was never shown to an employee how he can debate on it.
7. When Company terminates or ask an employee to leave they don't bother about notice period/work/transition. But when an employee leaves all rules emerge and applied.
Does the bosses / MD will be aware of this methods.
Not all the time only employees are crooked or default. What about innocent poor employees.
I am not comfortable with this exit system for years.
My relieving is pending and If I have to ask or debate I need to speak with exact facts with sections else cannot tackle.
More than supporting me I request all the HR to think on these because A company image lies on fair settlement and maintaining employees dignity too.
23rd December 2017 From India, undefined
If the company is holding back ur rightful salary u should file a suit I read somewhere that there is a clause in the companies act which doesn't allow company to harass an employee, against them as u have 15 years experience u have to get the relieving letter, I have just started my career. It's all your life work wasted if u don't get relieving letter
23rd December 2017 From India, Ahmedabad
While I have full sympathy for you but there are certain details which need to be shared before I can offer you an appropriate advice in the matter:
1. Changing the details in resignation letter by HR is absolutely unethical immoral and illegal.
2. You may have joined in sports quota but service conditions on exit do not differ.
3. You need to share your appoint letter or contents on exit clause in the letter.
4. Every standard company has leave policy for the employees, please share your leave policy document.
5. Please share original resignation letter also.
26th December 2017 From India, Thane
Thanks for your response sir. Since I worked as a regular employee for 13 yrs I didn't debated on whether it is mentioned in letter or not.
The main drawback is that our company never shared their policy and simply say orally it's company policy that all PL/EL lapse. In 2017 Jan my PL was 92 days and if I resigned that time means 92 days becomes zero (which is 3 months salary) and then it is like either serve 3 months or pay which is like they extract six months salary along withholding unclaimed. When company is reluctant to show their policy how can an employee debate on that.
My doubt is can company have a policy saying all PL will lapse. Is it not a statutory entitlement. My HR is aware that he is having cushion for 4 months salary amount on his side and try to play a game like he is too generous as he didn't made me much to pay. I feel cheated and that thought is killing me. Sir I am posting from mobile and donno how to attach. Will send by mail if you give us mail ID.
26th December 2017 From India, undefined