Can My Company Override HR Policy on Notice Period and Leave Adjustment? Legal Advice Needed

In my present company, as per the HR policy, they have mentioned that:

Notice Period Waiver and Leave Adjustment

Notice period waiver is first adjusted against the accumulated leave balance, if any, of the colleague. The remaining accumulated leaves will be encashed as part of the F & F settlement. However, if the accumulated leave balance is insufficient for adjustment against the notice period waiver, the colleague will compensate the company as stated in (c) above.

Currently, my notice period is 90 days, and I have around 20 earned leaves in my account. When I talked to my manager regarding my last working days and adjustment of earned leaves against the notice period, he denied it, saying that the leaves will not be adjusted against the notice period, and this is the instruction from the higher management.

Now, when there is a policy that notice period waiver will be first adjusted against the accumulated leave balance, how can they do this? Is higher management above the company HR policy?

Please tell me, is there any way I can legally fight with them on this?

Regards,
Manoj

Please check with HR or your colleague to determine if there have been any amendments to the HR policy you are referencing. If there have been no amendments, please send a letter requesting clarification on the matter mentioned in the forum.

No, there are no amendments to the HR Policy. Can I ask this directly to my HR, or do I need to go through my manager? If HR denies the fact, what are the other options? If HR informs me that my manager or higher management is not willing to adjust the leaves against the notice period, what can I do?

No, there is no amendment to the HR Policy. Can I ask this to my HR directly, or do I need to go through my manager? If HR denies the fact, what are the other options? If HR informs me that my manager or higher management is not willing to adjust the leaves against the notice period, what can I do?

Instead of asking, send a letter to your reporting manager with a copy to the HR Head. Let's think positively, as it is the moral duty of HR to guide the top management about the pros and cons. Once you receive a reply to the letter, we can guide you on further appropriate action.

Procedure for Adjustment of Earned Leave (EL) in Notice Pay

When there is a laid-down procedure for the adjustment of EL at credit in notice pay, management cannot deny it unless it is amended and notified among the employees. While serving the notice, you could have mentioned the adjustment of EL and the process further, so that you would have received a proper reply.

You can now meet with HR and personally discuss the matter to confirm if any amendments were made that you might not have noticed. If no amendment is issued, then you can approach higher authorities with an application for the adjustment of EL. Legal proceedings are the last step if required.

Regards,
Eswara Rao Ivaturi

Considerations for Leave Adjustment and Legal Action

You can press for getting your leave adjusted and deal with it firmly. If necessary, get some support from your managers to strengthen your case. Use a legal approach as a last resort. You may get your leave adjusted after a long and protracted case. But consider if:

a) The lengthy battle is worth your time and what is the money you stand to gain after spending this time.

b) It's a small world, and legal fights can get echoed into the ears of your new employer. This may not bode well for you in the long run.

Adjustment of Leave Against Notice Period

Adjustment of leave against the notice period is not automatic; first of all, it needs to be specifically requested in writing. Secondly, the management has the option to accept or reject it. In cases where the employee is handling sensitive assignments, the adjustment may be refused to allow the completion of tasks at hand or to train another person for such responsibilities. An employer cannot be abruptly left without support, and some level of continuity must be maintained.

Nevertheless, if the leave adjustment is refused, then leave salary is to be paid. If you have not yet requested leave adjustment specifically, you can still submit an application seeking your relieving after adjusting the leave to your credit. If this is not done, you should insist on leave salary, which is payable within three days of your departure as per the Factories Act.

Regards,
KK

I am in agreement with Sandip. A legal battle on this account is not worth considering your requirement for change, as it would require enormous time and energy, as well as impact the reputation you will earn.

Regards,
S.K. Johri