I am working with a top IT company. After spending 5 years with my current employer, I decided to take up a new opportunity. I resigned with the required notice period of 60 days. During the notice period, I had to take 4 days of personal leave for urgent reasons, and I communicated this to my manager too. Even though I have a good sick leave and personal leave balance, the company does not allow taking leaves without loss of pay. But the loss of pay was okay with me, as my leaves were of a very urgent nature.
Now, one week before my last working day, HR and my manager are forcing me to extend my notice period by 4 days. They are saying that I will have to face strict disciplinary action, including possible termination from the job and withholding the final salary and experience letter if I do not extend.
Questions
1) Can the company force me to extend my last working day?
2) Can they legally withhold my experience letter and last month's salary?
3) Can termination lead to any issues with the new company I am joining or for my future employment prospects?
From India, New Delhi
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Now, one week before my last working day, HR and my manager are forcing me to extend my notice period by 4 days. They are saying that I will have to face strict disciplinary action, including possible termination from the job and withholding the final salary and experience letter if I do not extend.
Questions
1) Can the company force me to extend my last working day?
2) Can they legally withhold my experience letter and last month's salary?
3) Can termination lead to any issues with the new company I am joining or for my future employment prospects?
From India, New Delhi
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Legal Rights During Notice Period
The company is acting illegally. The Delhi High Court, in one of its judgments, stated that an employee can take leave during the notice period if nothing in the appointment letter bars the employee from doing so, provided they have leave to their credit and are entitled to it. Talk to higher-level officials about your problems. Termination, etc., can have adverse consequences to the extent that you will have to keep explaining the situation to every new employer and convince them. If your new employer agrees, consider putting in 4 more days of work to amicably resolve the issue.
From India, Pune
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3180The company is acting illegally. The Delhi High Court, in one of its judgments, stated that an employee can take leave during the notice period if nothing in the appointment letter bars the employee from doing so, provided they have leave to their credit and are entitled to it. Talk to higher-level officials about your problems. Termination, etc., can have adverse consequences to the extent that you will have to keep explaining the situation to every new employer and convince them. If your new employer agrees, consider putting in 4 more days of work to amicably resolve the issue.
From India, Pune
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Dear Techiegirl, Mr. Nathrao has covered everything, and there is nothing more to say. Nevertheless, I recommend you concentrate on the last line of his reply, emphasizing the importance of settling the issue amicably. As you near the end of your tenure, I do not advise you to confront your employers. Yes, they are legally wrong; however, employers often hold the upper hand and are capable of engaging in legal battles. Even if they lose the case, their brand image remains intact, and they will continue to attract job candidates.
By the way, how were your relations with your superiors? Were they strained? Despite spending five years in the company, why are they creating problems for you? More than HR, I sense that your manager wanted to teach you a lesson. Your manager could have easily asked HR to waive off the rule regarding the extension of the notice period. Instead of intervening, he is aligning with HR in threatening you, which speaks volumes.
The woes of IT professionals
The woes of IT professionals are compounded for two reasons. Firstly, they lack a labor union. In fact, IT professionals often disapprove of unions without realizing their potential benefits. A labor union would never have allowed the implementation of a rule regarding leave that contradicts labor laws.
Secondly, regardless of the high qualifications of HR professionals in this industry, they often lack a thorough understanding of labor laws. They exist in their own world, much like the average IT professional.
Lessons for HR
Lessons for HR: The post has been written by a member from the "Top IT Company" of India. The post highlights how HRs establish rules that lack legal validity. Mr. Nathrao referenced a court ruling regarding taking leave during the notice period. Why do HR professionals from prominent IT companies remain unaware of such rulings?
In HR jargon, "Employee Engagement" is a key phrase. By implementing such impractical rules, can any company truly engage its employees? Employees serve as spokespersons for the company, whether current or former. By coercing employees, can any company create positive representatives in the job market?
Despite HR creating rules in their companies that contradict labor laws, these same HR Heads may become speakers at seminars, lecturing on leadership, employee engagement, and more. Unfortunately, the inconsistency between their words and actions often goes unnoticed and will likely continue to do so in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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By the way, how were your relations with your superiors? Were they strained? Despite spending five years in the company, why are they creating problems for you? More than HR, I sense that your manager wanted to teach you a lesson. Your manager could have easily asked HR to waive off the rule regarding the extension of the notice period. Instead of intervening, he is aligning with HR in threatening you, which speaks volumes.
The woes of IT professionals
The woes of IT professionals are compounded for two reasons. Firstly, they lack a labor union. In fact, IT professionals often disapprove of unions without realizing their potential benefits. A labor union would never have allowed the implementation of a rule regarding leave that contradicts labor laws.
Secondly, regardless of the high qualifications of HR professionals in this industry, they often lack a thorough understanding of labor laws. They exist in their own world, much like the average IT professional.
Lessons for HR
Lessons for HR: The post has been written by a member from the "Top IT Company" of India. The post highlights how HRs establish rules that lack legal validity. Mr. Nathrao referenced a court ruling regarding taking leave during the notice period. Why do HR professionals from prominent IT companies remain unaware of such rulings?
In HR jargon, "Employee Engagement" is a key phrase. By implementing such impractical rules, can any company truly engage its employees? Employees serve as spokespersons for the company, whether current or former. By coercing employees, can any company create positive representatives in the job market?
Despite HR creating rules in their companies that contradict labor laws, these same HR Heads may become speakers at seminars, lecturing on leadership, employee engagement, and more. Unfortunately, the inconsistency between their words and actions often goes unnoticed and will likely continue to do so in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dinesh and Nathrao, thanks for your replies. Unfortunately, extending the last date is not possible, as I have talked to the HR of my next company, and they want me to join right after I quit the current company. (They have a client project that is waiting for someone with my experience.)
My relationship with my current company has been fantastic in these 5+ years. In fact, they tried their best to retain me with a counter-offer when I resigned. But the next opportunity is too good to be passed on. I have a very high work ethic, and in the last 60 days, I have worked harder than usual to ensure that the project does not get derailed because of me leaving the organization. Even the client has sent an appreciation email to my company mentioning that they want a replacement resource comparable in experience and skills to me.
However, they are acting so weird because they have not found a replacement for me, and they fear that the client may replace them with a different vendor. What surprises me is that they have not found a replacement in 60 days, but they believe that by extending my last working day by 4 days, they will magically find one and retain this client project!
From India, New Delhi
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My relationship with my current company has been fantastic in these 5+ years. In fact, they tried their best to retain me with a counter-offer when I resigned. But the next opportunity is too good to be passed on. I have a very high work ethic, and in the last 60 days, I have worked harder than usual to ensure that the project does not get derailed because of me leaving the organization. Even the client has sent an appreciation email to my company mentioning that they want a replacement resource comparable in experience and skills to me.
However, they are acting so weird because they have not found a replacement for me, and they fear that the client may replace them with a different vendor. What surprises me is that they have not found a replacement in 60 days, but they believe that by extending my last working day by 4 days, they will magically find one and retain this client project!
From India, New Delhi
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Can the company force me to extend my last working day?
From a legal point of view, you are supposed to serve prior notice before you leave, as stated in your appointment or contract letter. You have already fulfilled your duty, and it is now up to them to decide on your replacement or other arrangements. They cannot force you to work beyond your last day as mentioned in the notice. However, this can be done upon mutual understanding, but certainly not under any forceful or coercive means. If they continue with forceful means or blackmail, you have the right to file a police complaint against your employer or the involved parties.
Can they legally withhold my experience letter and last month's salary?
Legally, no employer can withhold an employee's salary and documents without reasonable cause. You have your justifications, and they have theirs, but all parties are justified before themselves. If a dispute arises, the matter can be settled before adjudicating authorities. Let the Tribunal decide whether you are eligible for your payment or otherwise.
Can termination lead to any issues with the new company I am joining or for my future employment prospects?
This varies from company to company. Termination is not a simple process based on someone's whims, especially as long as democracy prevails in India or unless employers become the president of India. The termination order itself can be challenged in a court of law, and you can bring your HR to court for examination and cross-examination. It is advisable to communicate in writing to HR that any extension should be done upon mutual consent and not under any disrespectful conditions or force. Don't forget to obtain a receipt for that communication.
From India, Kolkata
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From a legal point of view, you are supposed to serve prior notice before you leave, as stated in your appointment or contract letter. You have already fulfilled your duty, and it is now up to them to decide on your replacement or other arrangements. They cannot force you to work beyond your last day as mentioned in the notice. However, this can be done upon mutual understanding, but certainly not under any forceful or coercive means. If they continue with forceful means or blackmail, you have the right to file a police complaint against your employer or the involved parties.
Can they legally withhold my experience letter and last month's salary?
Legally, no employer can withhold an employee's salary and documents without reasonable cause. You have your justifications, and they have theirs, but all parties are justified before themselves. If a dispute arises, the matter can be settled before adjudicating authorities. Let the Tribunal decide whether you are eligible for your payment or otherwise.
Can termination lead to any issues with the new company I am joining or for my future employment prospects?
This varies from company to company. Termination is not a simple process based on someone's whims, especially as long as democracy prevails in India or unless employers become the president of India. The termination order itself can be challenged in a court of law, and you can bring your HR to court for examination and cross-examination. It is advisable to communicate in writing to HR that any extension should be done upon mutual consent and not under any disrespectful conditions or force. Don't forget to obtain a receipt for that communication.
From India, Kolkata
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Dear Madam, It appears that you have fulfilled your obligation of giving 60 days' notice before intending to leave. During this notice period, you had to take 4 days' leave, and the employer may or may not refuse it depending on the applicable leave rules. If they refuse, then they can deduct 4 days' salary from your dues but cannot insist on serving 4 more days. Besides, for not complying with this illegal insistence, they have no legal powers to threaten you with disciplinary action or termination. I think this threat is only an empty threat to frighten you.
You should send an email to the highest authority, stating that you have not faulted in fulfilling your notice obligation and the requirements of the project, and that threats of termination by HR/Manager are baseless and illegal. Request them to settle your dues, and provide relieving and experience letters forthwith. You should walk out after fulfilling formalities relating to proper handing over charge, etc.
Regards
From India, Mumbai
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You should send an email to the highest authority, stating that you have not faulted in fulfilling your notice obligation and the requirements of the project, and that threats of termination by HR/Manager are baseless and illegal. Request them to settle your dues, and provide relieving and experience letters forthwith. You should walk out after fulfilling formalities relating to proper handing over charge, etc.
Regards
From India, Mumbai
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Company Letter for Completion 01 Month Notice.docx