Harassed by HR - what to do in this situation? - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India

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Hi, I hv been working in a pvt it firm from 9/7/2012. In a client place. Last 2 years our team members not get any hike. This year on 5 th feb 2018 we all got mail from hr. Due to project issue we will not required your service after 31st march 2018. Company notice period is 2 months as per offer letter. On march end 26th March 2018 I hv applied emmergency leave 6 days due to my big brother road accident. my manager has rejected leave. And i also informed to hr by mail i wll not available during this period. Also I hv informed to all client users i will not available this period and today is my last day in client place. I talked to hr. Manager for this. In month end they hold my salary. So tell me what to do in this situation?
Dear Sahoo,
It is unfortunate to note that at the fag end of your tenure you have faced this type of contingency. However, there are two issues about your case.
HR communicated to you about termination of your services as they did not have project. However, in this case, HR was just communicator and the decision must have been taken at the highest level. The second important aspect of your case is turning down (not rejection, please note) of your leave application by the Manager. How were your relations with the manager? Were these strained? Otherwise there was no reason to turn down leave application when subordinate's brother met with the accident. How far is your duty place and location of the company? Are these afar? Whatever may be the distance, you could have gone personally and met HR and obtained approval for leave from senior authorities.
Whatever reason for the absence may be, but if the absence is authorised then it becomes misconduct. Nevertheless, no labour law permits withholding the employee's salary. Therefore, you may go personally and meet HR. Apologise and find out if he is helpful. If not, ask for the personal interview of the Director or MD.
It is not just last month's salary but you are eligible for the gratuity also. Therefore, you need to submit form for gratuity.
Lastly, feedback on the quality of your post. There is no structure to your post and it is laden with grammatical and spelling mistakes? What is your plan to improve your English?
Thanks,
Dinesh Divekar

Dear Sir, thanks for your reply. As I am working in client place in Bangalore and my company head office in Aurngabad. So I can not meet hr personally. Also same accident has happened in my native odisha. So it is very disfficult to handle all situation at a time. While boarding i have handedover all official assets and documents to Circle head. Everything has been Physical verified by circle head. I had a little fight with my manager and hr because of leave rejection. Also they dont give any basic payment after termination. So what can I do for this. I am very poor in english language. I am under spoken english trainging.
Hr has been awkward in tackling your leave requirements.
Leave requirement was of compassionate reasons and should not have been rejected.
With holding your pay is against all principles of business dealings.
Write a polite letter to HR and ask them to pay your F &F,gratuity and to process your PF.
In case they fail to pay then think of legal notice to company.

Am providing HR consultancy in small and medium companies. There are people working in HR department who do not have even basic qualification or knowledge about all that is HR. Primarily, their job is to recruit, process salary and do exit formalities when an employee puts in his paper. These are the three main activities they do it. For these activities, I do not think any special skill is required. If at all they have a qualification, say MSW-HR or MBA-HR from third rate business schools, they just manage to pass out, without really learning anything. Their learning starts through trial and error method, after joining a company. They learn, just theories, just for passing their exam. That is all. Again there are many companies, which are owned by people who have no iota of knowledge about HR. Fear of losing their job, the HR people simply obey what the owner wants to do with respect to an employee. That is all ! Therefore, we cannot blame anybody specifically but only pity the situation. About a couple of years ago, I did Practical Hands-on-HR training for about six MSW-HR boys of Tumkur University, for about a fortnight. At the end of the training, one of the boys quipped " I wish our professor is at least half-knowledgeable as you are sir, the way you trained us on important HR activities that an organisation requires, with live / practical situational examples from your own experience". This is what is lacking in our educational system !
Ofcourse any company will hold the salary when an employee resigns and release the same in FNF. You can wait or ask your HR how much amount or payable days will be paid in FNF to you.
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