1) In my organization, there is a policy of a three-month notice period at the time of leaving or three months' salary if the notice period is not served to the company. I have served a 12-day notice period to my boss, and my boss agreed to that. My boss also requested HR to waive my notice period and has written that there is principally no objection from his side if I leave in 12 days. However, HR is refusing this recommendation of waiving off my notice period. I have completed my handover and have now left the organization too. (I have the written recommendation of my boss to HR.)
Now HR is calling me, stating that I have to pay them the money for the notice period. If I do not, they will take legal action.
2) In the full and final settlement sheet, they have considered my salary of the last financial year, whereas I had changed my salary structure for this financial year. I transferred my flexi allowances into a special allowance so that it can be considered in my leave encashment, which includes Basic, HRA, and Special Allowance. (I have proof of my changed salary structure for the current financial year.) Can I tell them to calculate my leave encashment as per my current salary structure of this financial year?
3) There is a PLP (Performance Linked Pay) in the company, which is mentioned in the appointment letter, but in the last two years, they have not given the same to us. It's a real estate company, and last year they wrote an email stating that because of the recession, they are withdrawing this policy. However, one can take 50% of the PLP if they invest in any property of the company. Many seniors have taken this offer and received their 50% PLP, but employees like us, who have their PLP in the thousands only, have not received anything.
WHAT CAN BE DONE IN THIS REGARD?
DO I HAVE TO PAY THEM THE 78 DAYS' SALARY, WHICH I HAVE TOLD THEM THAT BECAUSE OF MY FINANCIAL PROBLEMS I CANNOT PAY AND THIS IS THE ONLY BIG REASON TO LEAVE THIS JOB?
CAN THEY TAKE ANY LEGAL ACTION ON THE SAME?
Please help me by replying to this email and give your guidance.
From India, New Delhi
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Now HR is calling me, stating that I have to pay them the money for the notice period. If I do not, they will take legal action.
2) In the full and final settlement sheet, they have considered my salary of the last financial year, whereas I had changed my salary structure for this financial year. I transferred my flexi allowances into a special allowance so that it can be considered in my leave encashment, which includes Basic, HRA, and Special Allowance. (I have proof of my changed salary structure for the current financial year.) Can I tell them to calculate my leave encashment as per my current salary structure of this financial year?
3) There is a PLP (Performance Linked Pay) in the company, which is mentioned in the appointment letter, but in the last two years, they have not given the same to us. It's a real estate company, and last year they wrote an email stating that because of the recession, they are withdrawing this policy. However, one can take 50% of the PLP if they invest in any property of the company. Many seniors have taken this offer and received their 50% PLP, but employees like us, who have their PLP in the thousands only, have not received anything.
WHAT CAN BE DONE IN THIS REGARD?
DO I HAVE TO PAY THEM THE 78 DAYS' SALARY, WHICH I HAVE TOLD THEM THAT BECAUSE OF MY FINANCIAL PROBLEMS I CANNOT PAY AND THIS IS THE ONLY BIG REASON TO LEAVE THIS JOB?
CAN THEY TAKE ANY LEGAL ACTION ON THE SAME?
Please help me by replying to this email and give your guidance.
From India, New Delhi
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Have you got any document with you stating your boss’s and your agreement about being comfortable with you serving the company for 12 days instead of 90 days?
From India, Delhi
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2From India, Delhi
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It is very clear that you are aware of the three-month notice period. The waiver of notice shortfall is at the discretion of the management. We can request them in writing to waive it, but the management will make the final decision. Therefore, you may request it again.
It is your right to ask for the settlement as per the revised pay, but you should have the proof and effective date prior to your resignation.
Performance Linked Pay (PLP)
Performance Linked Pay (PLP) is not only linked to individual employee performance but also to the company's performance. Based on the company's performance, they have declared 50% of the PLP that you are eligible for. Please ensure that any written circular regarding this has been displayed.
Please understand that an employee can take legal action in case of any violation according to the terms and conditions of the accepted appointment order. You have the same right as well.
Think carefully before concluding the issue...
Thank you.
From India, Madras
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It is your right to ask for the settlement as per the revised pay, but you should have the proof and effective date prior to your resignation.
Performance Linked Pay (PLP)
Performance Linked Pay (PLP) is not only linked to individual employee performance but also to the company's performance. Based on the company's performance, they have declared 50% of the PLP that you are eligible for. Please ensure that any written circular regarding this has been displayed.
Please understand that an employee can take legal action in case of any violation according to the terms and conditions of the accepted appointment order. You have the same right as well.
Think carefully before concluding the issue...
Thank you.
From India, Madras
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