How Can I Reclaim My Leave Compensation After Unjust Resignation from BPO?

Hi everyone,

I worked in a big BPO for almost 2 years. I had a very good director of HR who didn't want to see my face in the office. He asked me to resign by calling me at 7.15 PM after I had reached home. I went back and submitted my resignation on the same day, even though he couldn't provide any justification for it. The reason was that I inquired about being denied a promotion despite successfully setting up a new branch in a different location. He refused the promotion due to cost-cutting measures and wanting to build a good reputation since he had recently joined. I was straightforward in my approach, which led to this outcome.

Currently, I have a concern regarding my 5 days of leave balance. I was not required to serve my notice period as he couldn't terminate me with cause. The company stated that my leave balance was adjusted against the notice period, and I won't receive any payment but will have to pay a thousand towards TDS. The reason for my departure listed in the company's records is family relocation, which is inaccurate and was entered without an exit interview.

I believe I was let go because of my integrity and unwillingness to tolerate unethical practices. I am content with my current role in a reputable company, knowing that hard work and integrity are rewarded. I trust in the ultimate fairness of the Divine.

I seek advice on how to address this situation and reclaim my rightfully earned compensation from the previous BPO. It's important to me not to lose any of my hard-earned money in this process.

I appreciate any guidance offered and apologize if my venting has taken up your valuable time.

Regards,
Priya

Hi,

You worked for two years and were forced to leave with 5 days of leave balance in your account. They have already acknowledged that they will pay you for those 5 days of leave. You can separately apply to withdraw your PF. What else do you want? You can claim the notice period as per the appointment letter. You must ask the big boss for an appointment and assert that it is your legal right. These are the legal dues that you are entitled to. Working and then separating due to downsizing or other reasons is a part of life. You have to accept that life has many facets of good luck and bad times. Do not worry too much because after every bad time, good times are always ahead, and we have to face the hard reality of life.

Warm Regards,

Rashid

Just carry your appointment letter, which was issued by the HR, to the director of the company. Be simple and polite when you talk to him, pursue and make him understand your position. This would definitely help to get back what you are claiming for.

Hi Nancy,

Generally, as per the HR policies in most organizations, if you can't provide a notice period, then your leave balance will be adjusted accordingly. When I resigned from my previous organization, I had a leave balance of 23 days. My manager agreed to waive the entire notice period, which was supposed to be 15 days. However, I was not eligible to receive payment for my leave balance in the final paycheck, even though I worked in HR myself. I agreed to this decision.

It's all about your priorities, my friend.

Hi,

Firstly, apply for your 5 days leave.

Secondly, if you had already applied two months ago, submit your PF (Form 13) for transferring the amount to your present PF. If your previous employer is unwilling to sign, you can write to the Regional PF commissioner. They will definitely assist you.

Since you have provided notice due to family reasons and are going for termination benefits, it would be unnecessary legal hassle, so avoid it.

This scenario is common everywhere after globalization and has become a part and parcel of the job. Therefore, don't worry; everything will be settled in due course of time. Have patience.

CC

Dear Friend Priya,

When your boss asked you to resign, you should have requested him to provide in writing the waiver of your notice period. Now, since you have submitted your resignation, you are required to give notice as per the appointment letter. You have no proof to claim that you have been asked to resign, right? So, it's better to keep silent; otherwise, you may be asked to pay in lieu of notice.

Regards,
Shrivatsa
Bangalore

Dear all,

As gagan mentioned that as per the terms & conditions mentioned in the appointement letters , a employee can serve his/ her notice period, but as we all are seeing that these days the companies are not ready to give any notice period, they on the spot intimate to resign from the current position, in that case what an employee can do.As im also from HR having one year of exp, but when i used to see such cases, how & what should be done, what as a HR we can do for employees, because for employees we HR are only source of contact to understand their problems and pass on to the Management.
Sorry for asking questions in between the questions,but i want to undersnat in such case what all can be done .


Thanks & Regards
Akangi Sharma

Hi All,

It's a good discussion, and the job market is very hot, with companies letting go of their employees to sustain themselves in this industry during this financial crisis.

This situation is similar to what happened with our HR colleague, Priya. However, her case is quite different as the companies that are laying off employees are usually paying at least 1 or 2 months' salary based on the terms and conditions outlined in the offer letter.

Priya, on the other hand, was asked to leave immediately without any payment. I believe the company did not fulfill its ethical obligations in this matter. Priya, you have the right to raise this issue with your company and claim your entitled benefits, such as withdrawing your Provident Fund (PF) or transferring it to your new employer.

Akangi,

There are specific employment terms and conditions mentioned in the offer letters provided to all employees. In these documents, the employer typically states that they can terminate an employee by giving a prior notice of at least 15 days or 1 month. If the employer wishes the employee to leave immediately, they must pay the salary for that particular period. I suggest reviewing your offer letter to gain clarity on this matter.

Regards, Gowtam

Dear all,

As Gagan mentioned, according to the terms and conditions outlined in the appointment letters, an employee is expected to serve their notice period. However, in current times, companies are often not willing to provide any notice period and instead ask employees to resign immediately. In such cases, what can an employee do? As an HR professional with one year of experience, I have encountered similar situations. It is essential to understand what actions can be taken to support employees. HR serves as the primary point of contact for employees to address their concerns and communicate them to management.

I apologize for interrupting with questions, but I seek to understand the best course of action in such scenarios.

Thanks and Regards,
Akangi Sharma

Dear Priya,

Your situation is quite clear to me; however, I would like to have a clearer picture of your termination. Was it due to market recession or any other reason? Please feel free to email me the actual reason at [Login to view].

I worked in a big BPO for almost 2 years. I had a very good director of HR who did not want to see me in the office. He asked me to resign by calling me at 7:15 PM after I had reached home. On the same day, I went back and handed in my resignation, even though he could not provide any justification for it (he could not point out any performance issues). The main reason was that I asked him about being denied a promotion, despite my successful performance in setting up a new branch in a different location. He denied the promotion due to cost-cutting measures in the BPO and wanting to build a good reputation as he had just joined the company a month prior, and I was known for being straightforward.

However, my current issue is that I had 5 days of leave balance when I resigned. I was told not to serve my notice period (as he could not terminate me without cause), and he waived it off. The company's records state that I left due to family relocation, which is not true and was entered without an exit interview. They now inform me that my 5 days of leave balance was used to compensate for the notice period, and I will not be paid anything but need to pay a thousand towards TDS. I am unsure how to handle this situation. I believe the reason for my dismissal was my integrity and refusal to turn a blind eye to unethical practices. I was always willing to question anything that seemed against company policies.

I do not regret what happened. I am now in a great company, in a good position. I firmly believe that hard work and integrity are always rewarded. I find solace in the belief that the ultimate boss is the Lord who sees all and rewards accordingly.

I am determined to get back the money rightfully owed to me by the previous BPO. It is my hard-earned money, and I am unwilling to lose a single penny. Your advice on how to proceed would be greatly appreciated. I apologize if I have taken up too much of your valuable time by venting my frustrations.

Regards,
Priya

Dear Priya,

Since there is no documentation from the HR department requesting you to resign and regarding the subsequent incident, this will not have any legal support.

You can approach:

- Approach the HR head and explain the situation, asking him to settle ethically. If this is not successful, please discuss with the Director or senior staff in the company (to whom the HR head is reporting) and explain how the situation has been handled.

If the above steps do not yield results, please send repeated emails to the HR head, with a copy to the Director. If there is no improvement, mark a copy to the Managing Director, etc. If there is still no improvement on this issue, communicate to them that this email history will be forwarded to all employees.

Note: Legally, your case will not have any hold. Priya, you can contact me at 9880731833 for some other solutions that will definitely give you results.

Regards,
V. Jagan

Dear all,

The VP of HR is well aware of this incident and ensured that I receive my full salary for the month of June along with all the benefits. The VP is aware of all the happenings and was the person who promised my promotion in recognition of my performance, which had been clearly proved and evident in the performance appraisal. I was eligible for the promotion according to my appraisal, and my reporting manager had approved it, as everyone knows.

The Director was a bit tense that I could take up this issue to the Senior VP and made the VP accept his decision. I could not move further since my papers would have been stopped if I had done that (this was informed by my reporting manager).

My offer letter states that my available Leave Balance would be encashed when I leave the company.

The only reason that made them turn against me is that I am upright and had the guts to raise issues and give good suggestions.

Regards,
Priya.

Dear all,

The VP of HR is also aware of this incident and ensured that I receive my full salary for the month of June along with all the benefits. The VP is aware of all the happenings and was the person who promised my promotion based on my performance, which was clearly evident in the performance appraisal. I was eligible for the promotion according to my appraisal, and my reporting manager had approved it, which everyone knows.

The Director was a bit tense that I might escalate this issue to the Senior VP, and pressured the VP to accept his decision. I could not proceed further as my papers would have been stopped if I had done that (as informed by my reporting manager).

My offer letter states that my available leave balance will be encashed when I leave the company.

The only reason they turned against me is that I am upright and have the courage to raise issues and provide good suggestions.

Regards,
Priya.

Dear Priya,

Have the same courage, go directly to your Senior VP, and explain the situation to get it resolved. Remember, "smarter you plan, faster you execute"... Keep rocking.

Thank you, chum. Certainly, now I can do that. I had closed my PF, and it had been forwarded to the PF office. I got my relieving and experience certificate, so let me do this and let's see what happens. But what if he does nothing? What to do next?

Regards,
Priya