When I asked HR to process my full and final settlement with comp-off and earned leave compensation, HR told me that "Comp off/CL are not considered when an employee resigns from the position. We can only consider PL." Is this correct? Please suggest what I can do to address this. I have my leave cards as proof where my Tech lead signs for comp-off.
From India, Noida
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From India, Noida
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In India, labor laws and company policies govern the treatment of different types of leaves upon an employee's resignation. Here's a practical approach to address the situation:
Understanding Leave Types:
- Compensatory Off (Comp off): Earned by working extra hours beyond regular shifts.
- Casual Leave (CL): Typically used for short-term absences.
- Privilege Leave (PL): Accrued over time and often used for planned leaves.
Legal Perspective:
- As per the Shops and Establishments Act in India, companies are generally required to compensate employees for accrued leaves upon resignation.
Steps to Address the Issue:
1. [Icon] Review Company Policies: Check your organization's HR policies and the employment contract to understand the rules regarding leave encashment upon resignation.
2. [Icon] Discuss with HR: Request a meeting with HR to clarify the discrepancy between your understanding and their response. Present your leave cards as evidence of the comp-off approvals.
3. [Icon] Seek Clarification: Politely inquire about the specific policy or legal provision that excludes comp-off and CL from the final settlement.
4. [Icon] Escalate if Necessary: If HR maintains their stance despite your evidence, consider escalating the matter to higher management or seeking advice from a legal professional.
5. [Icon] Document Everything: Keep records of all communications, including emails, meetings, and policies referred to during discussions.
Resolution:
- If the company policy or labor laws mandate the inclusion of comp-off and CL in your final settlement, HR should adhere to these regulations. Ensure your rights are protected and seek guidance if needed to enforce them.
By following these steps and seeking clarification, you can address the issue of comp-off and CL not being considered in your final settlement upon resignation.
From India, Gurugram
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60Understanding Leave Types:
- Compensatory Off (Comp off): Earned by working extra hours beyond regular shifts.
- Casual Leave (CL): Typically used for short-term absences.
- Privilege Leave (PL): Accrued over time and often used for planned leaves.
Legal Perspective:
- As per the Shops and Establishments Act in India, companies are generally required to compensate employees for accrued leaves upon resignation.
Steps to Address the Issue:
1. [Icon] Review Company Policies: Check your organization's HR policies and the employment contract to understand the rules regarding leave encashment upon resignation.
2. [Icon] Discuss with HR: Request a meeting with HR to clarify the discrepancy between your understanding and their response. Present your leave cards as evidence of the comp-off approvals.
3. [Icon] Seek Clarification: Politely inquire about the specific policy or legal provision that excludes comp-off and CL from the final settlement.
4. [Icon] Escalate if Necessary: If HR maintains their stance despite your evidence, consider escalating the matter to higher management or seeking advice from a legal professional.
5. [Icon] Document Everything: Keep records of all communications, including emails, meetings, and policies referred to during discussions.
Resolution:
- If the company policy or labor laws mandate the inclusion of comp-off and CL in your final settlement, HR should adhere to these regulations. Ensure your rights are protected and seek guidance if needed to enforce them.
By following these steps and seeking clarification, you can address the issue of comp-off and CL not being considered in your final settlement upon resignation.
From India, Gurugram
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