Hello Experts,
I am working in Software company in Gujarat.
I have signed NDA at the time of joining, which mention that
THE EMPLOYEE CANNOT LEAVE THE COMPANY FOR PERIOD OF 6 MONTHS FROM SALARY REVISION/APPRAISAL. IN CASE OF ANY REASON THE EMPLOYEE HAS TO LEAVE THE COMPANY BEFORE CESSATION OF NOTIFIED PERIOD, THE INCREMENTED AMOUNT WILL BE ADJUSTED FROM THE FULL AND FINAL SETTLEMENT.
Here it is not clearly mentioned that 6 months of duration after salary revision is including/excluding notice period.
As I have resigned within 6 months after salary revision and I have to serve 2 months of notice period. Including 2 months of notice period, I am leaving the company after 6 months of salary revision.
Now HR is telling me that company will not pay leave encashment as you have breach the NDA. Company has rights to change rules of leave encashment anytime. So we will not pay you leave encashment.
According to me, I am not breaching the NDA. As I am leaving the company after 6 months of salary revision.
Please provide me your valuable inputs on it.
So, my query is can company stop or restrict the leave encashment? Has company such rights to change rules of leave encashment anytime?
Kindly Suggest.
I am working in Software company in Gujarat.
I have signed NDA at the time of joining, which mention that
THE EMPLOYEE CANNOT LEAVE THE COMPANY FOR PERIOD OF 6 MONTHS FROM SALARY REVISION/APPRAISAL. IN CASE OF ANY REASON THE EMPLOYEE HAS TO LEAVE THE COMPANY BEFORE CESSATION OF NOTIFIED PERIOD, THE INCREMENTED AMOUNT WILL BE ADJUSTED FROM THE FULL AND FINAL SETTLEMENT.
Here it is not clearly mentioned that 6 months of duration after salary revision is including/excluding notice period.
As I have resigned within 6 months after salary revision and I have to serve 2 months of notice period. Including 2 months of notice period, I am leaving the company after 6 months of salary revision.
Now HR is telling me that company will not pay leave encashment as you have breach the NDA. Company has rights to change rules of leave encashment anytime. So we will not pay you leave encashment.
According to me, I am not breaching the NDA. As I am leaving the company after 6 months of salary revision.
Please provide me your valuable inputs on it.
So, my query is can company stop or restrict the leave encashment? Has company such rights to change rules of leave encashment anytime?
Kindly Suggest.