Hi,
I have been working in my present organization for the last 4 years. In this year's appraisal (July 2014), my HR gave me a notice stating that I'm not performing as per the expectations of the management and will be reviewed again after three months on October 20. If in that review my performance is not as expected, then these three months would be taken as the notice period, and I will be relieved from my duties (since the notice period is three months).
Within one month, I got a job offer and resigned, giving one month's notice and asked to adjust my earned leaves, which amount to 47 days. Now, my HR says they will calculate the earned leave based on basic salary and calculate the rest of the period for which I had to pay the company as per the CTC.
I want to know if this is a fair practice. If the company is calculating my earned leaves based on basic salary, then they should calculate the balance of the notice period on basic salary only. However, my HR informed me that it's the company's policy. When I asked him to show it to me in writing, he kept mum and said he would get back to me later.
Please suggest the right option as I feel cheated and harassed. How can a company have such a practice where they use different formulas for giving benefits to employees and for debiting them?
Thank you.
From India, New Delhi
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I have been working in my present organization for the last 4 years. In this year's appraisal (July 2014), my HR gave me a notice stating that I'm not performing as per the expectations of the management and will be reviewed again after three months on October 20. If in that review my performance is not as expected, then these three months would be taken as the notice period, and I will be relieved from my duties (since the notice period is three months).
Within one month, I got a job offer and resigned, giving one month's notice and asked to adjust my earned leaves, which amount to 47 days. Now, my HR says they will calculate the earned leave based on basic salary and calculate the rest of the period for which I had to pay the company as per the CTC.
I want to know if this is a fair practice. If the company is calculating my earned leaves based on basic salary, then they should calculate the balance of the notice period on basic salary only. However, my HR informed me that it's the company's policy. When I asked him to show it to me in writing, he kept mum and said he would get back to me later.
Please suggest the right option as I feel cheated and harassed. How can a company have such a practice where they use different formulas for giving benefits to employees and for debiting them?
Thank you.
From India, New Delhi
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Dear Rahul,
Please go through your appointment letter and understand the terms and conditions which you have acknowledged by signing a copy of them. Most companies have policies that are aligned to safeguard their business interests.
Thank you.
From India, Chennai
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12Please go through your appointment letter and understand the terms and conditions which you have acknowledged by signing a copy of them. Most companies have policies that are aligned to safeguard their business interests.
Thank you.
From India, Chennai
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[QUOTE=Rahul D.; 2172049]
Hi,
I am working in my present organization for the last 4 years. In this appraisal (July 2014), my HR gave me a notice stating that I'm not performing as per the expectation of the management and will be reviewed again after three months on Oct 20. If in that review my performance is not as per the expectation, then these three months would be taken as a notice period, and I will be relieved from my duties (since the notice period is of three months).
Now, after one month, I got a job offer and resigned, giving one month's notice and asked to adjust my earned leaves, which is 47 days. Now, my HR says that they will calculate the earned leave on basic salary and calculate the rest of the period for which I had to pay the company as per the CTC.
I want to know if this is a fair practice. If the company is calculating my earned leaves based on basic salary, then they should calculate the balance of the notice period on basic salary only. But my HR informed me that it's a company's policy. When I asked him to show it to me and give it to me in writing, he kept mum and said he will get back to me later.
Please suggest to me the right option, as I'm feeling cheated and harassed. How can a company have such a practice that while giving benefits to employees, they calculate with a different formula and while debiting it uses another formula?
Hi,
I suggest you look at this issue in totality. The present company feels that your performance is not enough for you to continue. Now you have got a job where you are needed. I suggest you do not make an issue with your present company; rather, exit amicably. Tomorrow your future employer will take your reference, and if the present company does not give a good reference, you will always be in the "to watch" category.
Mahesh
From India, Mumbai
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Hi,
I am working in my present organization for the last 4 years. In this appraisal (July 2014), my HR gave me a notice stating that I'm not performing as per the expectation of the management and will be reviewed again after three months on Oct 20. If in that review my performance is not as per the expectation, then these three months would be taken as a notice period, and I will be relieved from my duties (since the notice period is of three months).
Now, after one month, I got a job offer and resigned, giving one month's notice and asked to adjust my earned leaves, which is 47 days. Now, my HR says that they will calculate the earned leave on basic salary and calculate the rest of the period for which I had to pay the company as per the CTC.
I want to know if this is a fair practice. If the company is calculating my earned leaves based on basic salary, then they should calculate the balance of the notice period on basic salary only. But my HR informed me that it's a company's policy. When I asked him to show it to me and give it to me in writing, he kept mum and said he will get back to me later.
Please suggest to me the right option, as I'm feeling cheated and harassed. How can a company have such a practice that while giving benefits to employees, they calculate with a different formula and while debiting it uses another formula?
Hi,
I suggest you look at this issue in totality. The present company feels that your performance is not enough for you to continue. Now you have got a job where you are needed. I suggest you do not make an issue with your present company; rather, exit amicably. Tomorrow your future employer will take your reference, and if the present company does not give a good reference, you will always be in the "to watch" category.
Mahesh
From India, Mumbai
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Generally speaking, if the leaves are calculated in one formula, the same is used for the deduction of notice pay. The argument used by the company for a different formula is that earned leaves are benefits and therefore are paid based on Basic Salary. However, the Notice Period is when the employee is giving away the days he would otherwise have worked for. This argument falls flat, as if I take a 47-day leave, my salary would not be deducted, and I would receive the entire salary. I hope you can get a favorable reason from the HR and the company.
Regards,
Ashutosh Thakre
From India, Mumbai
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Regards,
Ashutosh Thakre
From India, Mumbai
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Dear all,
The leave encasement on full and final settlement does not include certain allowances that are not defined in the Payment of Wages Act or Minimum Wages Act. These allowances are considered for payment in the case of leave enjoyment. Moreover, there is a restriction of 30 leaves for carry forwarding only; beyond that, they are subject to the provisions in the certified standing orders of the company.
Regarding the notice period, it depends on the terms and conditions of your appointment letter.
P. K. Sharma
From India, Delhi
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The leave encasement on full and final settlement does not include certain allowances that are not defined in the Payment of Wages Act or Minimum Wages Act. These allowances are considered for payment in the case of leave enjoyment. Moreover, there is a restriction of 30 leaves for carry forwarding only; beyond that, they are subject to the provisions in the certified standing orders of the company.
Regarding the notice period, it depends on the terms and conditions of your appointment letter.
P. K. Sharma
From India, Delhi
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