Facing Notice Period and Leave Issues: Can I Take My Case to the Labour Court?

Hello Friends, I need your help regarding this issue. I resigned from the company and was ready to serve the notice period of two months. However, after ten days, I resigned, my only brother's marriage got fixed, so I asked my managers to waive off my notice period of one month. I also took leave of one week for his engagement, for which I sent an email well in advance, but I didn't receive any reply. Although leaves are not allowed during the notice period as per the appointment letter, they can be given at the discretion of the manager.

Now, when I received my F & F, the leaves have been deducted along with the deduction of one month's notice period, for which I never received any intimation. Many people in my company got a waiver of two months. My exit interview was also not taken. I discussed with the senior officials as well, but I was told it was as per policy. My experience certificate is also on hold. Without clearance, I cannot get a job somewhere else.

I want to take up this issue to the Labour Court. I need suggestions from legal experts.

Thank you

Addressing Employment Contract Violations

If the terms of your employment contract, signed by you and your employer, are not being respected by your company, you can pursue the matter legally. However, if you are a defaulter and want special favors from your company after having submitted your resignation, it may be advisable to accept their decisions gracefully. The best way in such situations, however, is to meet your HR manager personally and discuss your requirements politely yet convincingly. If there are provisions in the company policies for managing genuine compassionate cases favorably, your HR manager shall be prepared to extend all possible assistance. Remember to carry some proof, like a printed invitation card, of your brother's marriage.

Please remember never to threaten that you will go to the Labor Court. Employers are well aware of these options as well as the ways to deal with them. If you are not convinced, try once more to satisfy yourself.

My only concern was that they should have informed me or replied to my email at least. It was my right to know about the decision which was going to affect me. That was a breach of trust. I had requested a waiver which they could have easily denied, but they did not inform me of either of the deductions. I know it's not easy to go to a labor court, but I feel like I was backstabbed.

Regards

It seems from the details furnished by you that the management is obviously peeved at your leaving the company for reasons either best known to them or known to you both since you said that they waived the notice period in other cases and did not hold an exit interview for you. Though there may be a clause for the waiver of the notice period in the contract of service/service rules, the power usually remains discretionary but not as a matter of right for the employee, and the management can exercise its discretion not to waive the notice period if it deems fit in any case.

Leave During Notice Period

As regards the leave, you have stated that no leave is permissible during the notice period. Thus, even though you informed the management about your leave well in advance, it chose not to sanction it in your case since there is a specific provision disallowing leave during the notice period, and they may contend also that leave, in any case, cannot be claimed as a matter of right by an employee. However, I feel that they should have informed you that your leave has not been considered. They did not observe this simple ethical practice for reasons known to them. It again used its discretion not in favor of you, though it sanctioned leave to others as per your statement.

Final Advice

Even if you decide to fight the issue in any competent forum, there is little to support your case. Therefore, there is no point wrangling over the issue. Leave the company peacefully and get your relieving letter and experience certificate without any hassles.

Regards,
B. Saikumar
Mumbai