Notice Period And Earned Leave Settlements

deivendran
Dear All, could you please someone help to clear on this?
Issue is, in my last organization they having 90 days as notice period for separation form the company and they have relived me before 11 days (7 working days) from the Actual last working date but I haven’t requested to the management for early reliving. During final settlements they have deducted 7 working days from the earned leave outstanding balance due to this I lost pay for 18 days (11 days early reliving + 7 days from EL). In other think if employees wants to relive before the actual last working day, the company asked them to pay the salary to company whatever the days the reliving early, so it’s same applicable to the companies too if they wants’ to relive the employees before the actual last date of service? The policy is applicable to both employee and employer? Please help on how to take action on this?
Thanks all, have a good day
Prashant B Ingawale
As the time of separation you should have raised this point & made clear to Employer that you are not intending to get relieve before due date as per Appointment Letter.
Now very less can be done....!!!
fc.vadodara@nidrahotels.com
Basically the employer needs time to get the replacement as well as handover for smooth functioning of the work. But employee has already resigned and does not require anything to be handed over so if the employer relieves the employee before the expiry of the notice period no action can be taken against them
deivendran
Dear Prashant B Ingawale , Thank you for your valuable time and reply.
Just i wanted to add one more point, during my exit interview formalites I have asked to HR for the same question and he said, you will be get the salay for acutl day of separatioin and there will be no point to deducte earned leave balances aswell. However this was oral and not a written communication. Now they have deducted my EL, so please advice me, can take any legal action on this?
Thanks again.
deivendran
Thank you for your valuable time and reply.
If so there will be always in employers benefits and how about employee? If company wish they will relive early and if employees wish they should pay the out of pocket? It’s good for healthy relationship with employer and employee? No one is there to help / support employees? :(
Sorry if I said anything wrong…
Prashant B Ingawale
Have you signed any Full & Final Settlement papers ? If the payment done through Cheque have you withdrawn any amount from the account if Yes then nothing can be done.
If No then something can be done. What was your designation, Comensation, roles & responsbilities in your organization
deivendran
No I haven’t signed any settlement papers and it’s direct credit through bank not a cheque mode and also I haven’t couch that amount too.
My role as Team Lead and org is one of the top captive back office in Chennai.
Prashant B Ingawale
I think you can take resort of Civil Court for dishonouring the Appointment Letter clause.....
fc.vadodara@nidrahotels.com
This is a hard fact and one has to accept it, irrelevant of the relationship of employee and employer. Employee after resignation by virtue shows less interest in his work and loyalty factor diminishes hence cannot be fought for.
With regards to your earned Leave you can claim it, send them a letter requesting to release the leave amount and in case you are not getting the payment with 3 gentle reminders you can take appropriate action if desired
fc.vadodara@nidrahotels.com
Dear Mr Prashant
Lets be practical, if the earned leave of 7 days is a good amount to be fought for, or we end up paying more for a meager amount
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute