Hi Seniors,
My employer is not following any rules related to leaves and the Maternity Act. They keep employees in the probation period even after 1 year, whereas the standard probation period in our company is 6 months.
Please guide on how employees can file legal complaints regarding these issues.
From India, New Delhi
My employer is not following any rules related to leaves and the Maternity Act. They keep employees in the probation period even after 1 year, whereas the standard probation period in our company is 6 months.
Please guide on how employees can file legal complaints regarding these issues.
From India, New Delhi
Hi, When did you join that organization ? why do not you search for another job ? its not good compliant why means " is it not shows impact on your exit formalities ? Take wise decision.
From India, Hyderabad
From India, Hyderabad
Hi Ashok,
Thank you for showing concern about my future, but at this stage, leaving this company is not good for me. I'll leave it after some time but want to know, in case I want to file a legal complaint, how to go about this?
From India, New Delhi
Thank you for showing concern about my future, but at this stage, leaving this company is not good for me. I'll leave it after some time but want to know, in case I want to file a legal complaint, how to go about this?
From India, New Delhi
Dear Ms. Jyoti Mudgil,
When an employee has been facing incessant issues with the employer, they may seek assistance by approaching the Labour Commissioner's office and reporting the situation to the authorities. Every employee is entitled to leaves as per the policy, and the employer has no right to deny leave privileges to the staff. The conciliator will work towards resolving the issue to the best of their ability.
From India, Visakhapatnam
When an employee has been facing incessant issues with the employer, they may seek assistance by approaching the Labour Commissioner's office and reporting the situation to the authorities. Every employee is entitled to leaves as per the policy, and the employer has no right to deny leave privileges to the staff. The conciliator will work towards resolving the issue to the best of their ability.
From India, Visakhapatnam
I agreed with Sharmila madam's opinion; you can register the complaint in the labor office. Go there with full details like in which area you will come, how many employees are with your present company, and under which act your company falls.
From India, Hyderabad
From India, Hyderabad
Dear friends,
As we all know, a large number of employers default in observing legal provisions, evade taxes, deny employees benefits, and leave, etc. These issues are witnessed every day through the helpless and exploited employees despite the strict labor laws and rules enforced in India. It is expected that every affected employee informs and lodges complaints with the appropriate law-enforcing authorities for the redressal of their grievances. Many individuals ignore their rights due to fear of backlash. What exacerbates the situation is that many central and state government departments, as well as PSUs, are committing such heinous crimes. Everyone should be aware that such commissions and omissions are illegal and punishable, not only with fines but also with imprisonment for those responsible, along with the attachment of their properties, etc., in addition to compensating the complainants. Therefore, compliance with regulations like EPF, ESI, Gratuity, bonus, leave, minimum wages, etc., should be ensured and implemented. There lies a greater responsibility on the employees and their respective unions to make this happen.
Kumar S.
From India, Bangalore
As we all know, a large number of employers default in observing legal provisions, evade taxes, deny employees benefits, and leave, etc. These issues are witnessed every day through the helpless and exploited employees despite the strict labor laws and rules enforced in India. It is expected that every affected employee informs and lodges complaints with the appropriate law-enforcing authorities for the redressal of their grievances. Many individuals ignore their rights due to fear of backlash. What exacerbates the situation is that many central and state government departments, as well as PSUs, are committing such heinous crimes. Everyone should be aware that such commissions and omissions are illegal and punishable, not only with fines but also with imprisonment for those responsible, along with the attachment of their properties, etc., in addition to compensating the complainants. Therefore, compliance with regulations like EPF, ESI, Gratuity, bonus, leave, minimum wages, etc., should be ensured and implemented. There lies a greater responsibility on the employees and their respective unions to make this happen.
Kumar S.
From India, Bangalore
Before making a complaint against the employer, it is the HR Head's responsibility to first provide a hint or information to the management about the issues and specifically convey their impact on the employees. Based on the management's response or reaction, a decision can then be made on whether to escalate the issue to the labor department.
Regards,
Raji
From India, Chennai
Regards,
Raji
From India, Chennai
Labour inspectors from the Labour Department are employed for the well-being of employee issues, and there is no fee as such. Your detailed complaint (letter) should consist of all the evidence and signatures of the employees. Also, make sure to take a copy of the letter received from the conciliator/labour officer for further inquiry.
From India, Visakhapatnam
From India, Visakhapatnam
Hi Jyoti,
I think your company is not so established. If they follow all statutory norms, in this particular case, it would be better if you request your management and convince them. The Labour Department will prefer only labor issues. I believe you are earning more than 15k; otherwise, ESI Maternity benefits may be applicable to you.
From United States, Cambridge
I think your company is not so established. If they follow all statutory norms, in this particular case, it would be better if you request your management and convince them. The Labour Department will prefer only labor issues. I believe you are earning more than 15k; otherwise, ESI Maternity benefits may be applicable to you.
From United States, Cambridge
Please relate with your HRM and if you are not satisfied with his/her decision, i will advise you go the Labour Ministry.
From Nigeria
From Nigeria
Confirmation at the end of the probation period is not mandatory. Employees not delivering the desired level of performance can be given another chance to improve their performance by extending their probation period. This usually has to be accompanied by proper counseling.
If a formal communication has been made by the employer about an extension of the probation period and if provisions of statutory compliance like EPF, ESI, etc., are not being violated by the employer, this extension of the probation period can be deemed to be a notice by the management for separation from the company.
From India, Delhi
If a formal communication has been made by the employer about an extension of the probation period and if provisions of statutory compliance like EPF, ESI, etc., are not being violated by the employer, this extension of the probation period can be deemed to be a notice by the management for separation from the company.
From India, Delhi
I think there is a judgment by the Supreme Court that an employee who has worked more than 240 days will be deemed as a confirmed employee now. If an employer wants to extend the probation period, they need to provide this in writing to the employee after the end of the initially mentioned probation period. Could you please shed some light on this?
From India, New Delhi
From India, New Delhi
Jyoti, it appears you are referring to some judgment by the Supreme Court regarding the confirmation of government employees. In private companies, norms of separation are a part of the Appointment Letter. These norms (referred to as terms and conditions of employment) include the provisions for breaking a contract since employment forms a contract between the employer and the employee. Assuming there is a provision in the terms and conditions for one month's notice from either side (or salary in lieu thereof) for separation from the company, there is no obligation on the part of the employer to retain an employee, regardless of whether they are a probationer or a confirmed employee.
If you are able to share a copy of the Supreme Court judgment, it may be worth studying. If you cannot, please refrain from making any arbitrary references.
From India, Delhi
If you are able to share a copy of the Supreme Court judgment, it may be worth studying. If you cannot, please refrain from making any arbitrary references.
From India, Delhi
Hi friend,
You should not approach the probation period with a complaint. First, familiarize yourself with the rules and procedures, or consult with your HR representative for clarification. Overall, consider the situation carefully before seeking outside assistance. It is essential to provide evidence to an external party to demonstrate the genuineness of your case. For this, you must be well-versed in your company's policies to make a valid complaint; otherwise, you may be viewed negatively. Raise your concerns calmly and assertively to increase your chances of success.
From India, Visakhapatnam
You should not approach the probation period with a complaint. First, familiarize yourself with the rules and procedures, or consult with your HR representative for clarification. Overall, consider the situation carefully before seeking outside assistance. It is essential to provide evidence to an external party to demonstrate the genuineness of your case. For this, you must be well-versed in your company's policies to make a valid complaint; otherwise, you may be viewed negatively. Raise your concerns calmly and assertively to increase your chances of success.
From India, Visakhapatnam
Dear All,
I have read various comments, and most of them suggest approaching the labor department. I wonder whether this site is for HR officers or for workers and unions. As far as I know, this site is for HR Officers.
As an HR Officer, it is your duty to properly guide your employer. Do not act against your employer. Your skills come into play in persuading your employer to follow minimum legal formalities. It is true that businesses face challenges, and employers may try to evade legal provisions, but often, that is due to their compulsion. Government officers are responsible for implementing legal provisions, but admittedly, they sometimes fall short of fulfilling their expected duties.
Dear colleagues, open your eyes, utilize your skills, and act like management officers rather than workers and unions.
Vibhakar Ramtirthkar
HR Consultant
SVR Associates
snehvibha@yahoo.com
09371001906
From India, Pune
I have read various comments, and most of them suggest approaching the labor department. I wonder whether this site is for HR officers or for workers and unions. As far as I know, this site is for HR Officers.
As an HR Officer, it is your duty to properly guide your employer. Do not act against your employer. Your skills come into play in persuading your employer to follow minimum legal formalities. It is true that businesses face challenges, and employers may try to evade legal provisions, but often, that is due to their compulsion. Government officers are responsible for implementing legal provisions, but admittedly, they sometimes fall short of fulfilling their expected duties.
Dear colleagues, open your eyes, utilize your skills, and act like management officers rather than workers and unions.
Vibhakar Ramtirthkar
HR Consultant
SVR Associates
snehvibha@yahoo.com
09371001906
From India, Pune
Dear Vibhakar,
In India, most companies at a small level do not follow rules and regulations. All the employers know that they are engaging in wrong practices. Until they start valuing their employees (which they rarely do), they will not be convinced to follow the rules. A person should show some interest in the topic; only then can you convince them. Otherwise, the legal process should be followed to make them feel threatened and bring about some change.
You can certainly use your skills, but the interest of the employer should also be there to listen to you.
From India, New Delhi
In India, most companies at a small level do not follow rules and regulations. All the employers know that they are engaging in wrong practices. Until they start valuing their employees (which they rarely do), they will not be convinced to follow the rules. A person should show some interest in the topic; only then can you convince them. Otherwise, the legal process should be followed to make them feel threatened and bring about some change.
You can certainly use your skills, but the interest of the employer should also be there to listen to you.
From India, New Delhi
Just tell that employee to leave the job if his views and management views do not match.
I will tell you what will happen when the employee goes to the labor court. They will call that employee and the Factory manager/Owner, and they will try to settle the dispute.
Your Factory manager/Owner may accept it, but what next... that employee will definitely face problems. Management may falsely accuse him, they may terminate him with serious remarks.
We cannot predict what will happen if management manipulates the Labor officer. What will happen to that employee?
So, it's better not to get into this; leave the job.
From India, Hyderabad
I will tell you what will happen when the employee goes to the labor court. They will call that employee and the Factory manager/Owner, and they will try to settle the dispute.
Your Factory manager/Owner may accept it, but what next... that employee will definitely face problems. Management may falsely accuse him, they may terminate him with serious remarks.
We cannot predict what will happen if management manipulates the Labor officer. What will happen to that employee?
So, it's better not to get into this; leave the job.
From India, Hyderabad
Please read the Maternity Act. It is very simple; one has to apply for maternity leave in the proper format. Submit it to the employer and take his signature; he will follow it. Without following the procedure, the employer is not bound to pay. The labor office should also be informed well in time to avoid further complications. Take him in confidence and your problem will be solved. Nobody can terminate your service.
Satish Verma
Nashik
From India, Nasik
Satish Verma
Nashik
From India, Nasik
Hi Saswat,
My problems are all of the above, and yes, I do need maternity leave. Concerning your point about confirmation, you are somewhat correct about the chances. However, I work in the HR department of this company, and other employees, including myself, are also facing these issues. They do not grant a single leave during the probation period, which typically extends beyond a year, and they fail to carry forward earned leave for confirmed employees into the next year. When employees approach me with their concerns and I present them to management, they dismiss them, citing existing policies that they claim will not change. How can I address this issue? I anticipate needing maternity leave in the future, which is why I cannot leave the company at this time or seek employment elsewhere. Therefore, I do not find my situation amusing. I am not only worried about myself but also about other staff members. If the company does not provide maternity leave, individuals will eventually have to leave because they will not be granted a three-month gap. If you must eventually depart from the company, why not assert your rights through legal means? The company's lack of benefits necessitates teaching them a lesson, as it will ultimately harm you if no action is taken.
Best regards,
[Your Name]
From India, New Delhi
My problems are all of the above, and yes, I do need maternity leave. Concerning your point about confirmation, you are somewhat correct about the chances. However, I work in the HR department of this company, and other employees, including myself, are also facing these issues. They do not grant a single leave during the probation period, which typically extends beyond a year, and they fail to carry forward earned leave for confirmed employees into the next year. When employees approach me with their concerns and I present them to management, they dismiss them, citing existing policies that they claim will not change. How can I address this issue? I anticipate needing maternity leave in the future, which is why I cannot leave the company at this time or seek employment elsewhere. Therefore, I do not find my situation amusing. I am not only worried about myself but also about other staff members. If the company does not provide maternity leave, individuals will eventually have to leave because they will not be granted a three-month gap. If you must eventually depart from the company, why not assert your rights through legal means? The company's lack of benefits necessitates teaching them a lesson, as it will ultimately harm you if no action is taken.
Best regards,
[Your Name]
From India, New Delhi
Sir,
One of my colleagues got confirmation after two and a half years, and that too after confirmation, the lowest basic salary, without any backlog of delayed confirmation. As of today, his CTC is 1.30 lakhs, the lowest in the company, while the new employees working with him in the same category, who are much junior to him, are receiving 1.80 lakhs after confirmation. The management is not addressing his grievance. Where can he lodge a complaint, and how can he overcome this loss?
From India, Kanpur
One of my colleagues got confirmation after two and a half years, and that too after confirmation, the lowest basic salary, without any backlog of delayed confirmation. As of today, his CTC is 1.30 lakhs, the lowest in the company, while the new employees working with him in the same category, who are much junior to him, are receiving 1.80 lakhs after confirmation. The management is not addressing his grievance. Where can he lodge a complaint, and how can he overcome this loss?
From India, Kanpur
Jyoti,
I somehow missed replying to you.
I am not sure if the reply now has any meaning, but still...
You are stuck between the hard and unpalatable options.
You, being the HR rep, will always be questioned by the employees on their needs. If you can't convince the management, then you will have to accept their stand and inform the employees. Normally, I would suggest that you should not join a company where you don't like the HR rules or leave, but that is not an option for you either at this time.
No leave during probation is common, and the duration of probation can extend if the company requires or wishes. If they value the employee, they will confirm him early. If not, they would not care if he left. There is no law to prevent it.
Maternity leave is required to be given by law.
You can choose to fight for the format when you require it. Trying to do something now would result in your termination. You would be protected from termination after you are pregnant. Let others who need maternity leave fight it at this time. Let them file a complaint without your intervention. That is to your benefit not to get involved at this stage.
I hope you realize that the company will react badly if you try to take up any legal action. Do you really want to take on the stress of that kind during pregnancy? Even if you win, you will be terminated immediately after you complete maternity leave. So at best, you will gain 6 weeks' paid leave (or 12 weeks). Be sure that is what you want.
From India, Mumbai
I somehow missed replying to you.
I am not sure if the reply now has any meaning, but still...
You are stuck between the hard and unpalatable options.
You, being the HR rep, will always be questioned by the employees on their needs. If you can't convince the management, then you will have to accept their stand and inform the employees. Normally, I would suggest that you should not join a company where you don't like the HR rules or leave, but that is not an option for you either at this time.
No leave during probation is common, and the duration of probation can extend if the company requires or wishes. If they value the employee, they will confirm him early. If not, they would not care if he left. There is no law to prevent it.
Maternity leave is required to be given by law.
You can choose to fight for the format when you require it. Trying to do something now would result in your termination. You would be protected from termination after you are pregnant. Let others who need maternity leave fight it at this time. Let them file a complaint without your intervention. That is to your benefit not to get involved at this stage.
I hope you realize that the company will react badly if you try to take up any legal action. Do you really want to take on the stress of that kind during pregnancy? Even if you win, you will be terminated immediately after you complete maternity leave. So at best, you will gain 6 weeks' paid leave (or 12 weeks). Be sure that is what you want.
From India, Mumbai
It's the company's choice. If they feel he is not worth it, they will pay him less. If he thinks he will get better elsewhere, why did he wait 2 years? Let him get another job and leave. Except in government jobs, there is no concept that you get paid more just for having worked a certain number of years.
From India, Mumbai
From India, Mumbai
Dear friends,
All said and done, denying a justifiable maternity leave to a pregnant female should be viewed sympathetically rather than with a legal angle or with a business mind. Once a firm recruits a female employee, they are well aware she will get married, bear child(ren), and all associated happenings. Where is the question of looking at this in a different way? If she is to be given, she should be given. If she is denied or granted it without pay, it has its own problems. Imagine what happens if she were not to seek even a single day of maternity leave or any other leave, and imagine she delivers at her office desk itself. Strange, but tit for tat. Maybe the firm not only would have to bear all the expenses afterward, not only that, even the compensation if arises for handling this issue very badly. Hum India is India. I would suggest a very careful but calculated move. Let her not apply any sort of leave, bear the troubles of coming to the office, but take care of both's health. Don't murmur, don't apply for leave, don't fight for anything, just behave as if nothing has happened. Who knows the very same firm would be pleased to provide her all the help needed at the appropriate time. Not only leave but also the citizenship of the firm having taken birth within their premises. Humane did not die in India. God will answer her prayer; let me not sound sentimental. Pardon me; it's very difficult for her, but I mean it.
Kumar S.
From India, Bangalore
All said and done, denying a justifiable maternity leave to a pregnant female should be viewed sympathetically rather than with a legal angle or with a business mind. Once a firm recruits a female employee, they are well aware she will get married, bear child(ren), and all associated happenings. Where is the question of looking at this in a different way? If she is to be given, she should be given. If she is denied or granted it without pay, it has its own problems. Imagine what happens if she were not to seek even a single day of maternity leave or any other leave, and imagine she delivers at her office desk itself. Strange, but tit for tat. Maybe the firm not only would have to bear all the expenses afterward, not only that, even the compensation if arises for handling this issue very badly. Hum India is India. I would suggest a very careful but calculated move. Let her not apply any sort of leave, bear the troubles of coming to the office, but take care of both's health. Don't murmur, don't apply for leave, don't fight for anything, just behave as if nothing has happened. Who knows the very same firm would be pleased to provide her all the help needed at the appropriate time. Not only leave but also the citizenship of the firm having taken birth within their premises. Humane did not die in India. God will answer her prayer; let me not sound sentimental. Pardon me; it's very difficult for her, but I mean it.
Kumar S.
From India, Bangalore
Hello sir,
I am an employee at Special Edition, BTM Layout. In the first month, they gave 7000 rupees. However, in the second month, they did not give any salary. I returned home to Kerala. They mentioned that they would transfer the money in 1 or 2 days, but there has been no money transfer for a month now. I have no cash. Please assist.
From India, Thrissur
I am an employee at Special Edition, BTM Layout. In the first month, they gave 7000 rupees. However, in the second month, they did not give any salary. I returned home to Kerala. They mentioned that they would transfer the money in 1 or 2 days, but there has been no money transfer for a month now. I have no cash. Please assist.
From India, Thrissur
Hi,
Sir, I already left my company approximately 5 months ago, but to date, the company has not settled my account fully and finally. HR has informed me that they are in a financial crisis, so they will settle my account as soon as possible. Despite my numerous attempts to reach them by phone, no one has been answering my calls. Even at the head office, nobody has been picking up my calls. I am now working at a new company, but my previous company sold most of its brands to a Gujarat-based company in a significant monetary transaction. They have refused to take me and a few of my colleagues. Although my previous company received a large sum from selling their products, HR insists they are facing financial difficulties. I am in a difficult situation without any money.
What should I do next?
Thank you.
From India, Delhi
Sir, I already left my company approximately 5 months ago, but to date, the company has not settled my account fully and finally. HR has informed me that they are in a financial crisis, so they will settle my account as soon as possible. Despite my numerous attempts to reach them by phone, no one has been answering my calls. Even at the head office, nobody has been picking up my calls. I am now working at a new company, but my previous company sold most of its brands to a Gujarat-based company in a significant monetary transaction. They have refused to take me and a few of my colleagues. Although my previous company received a large sum from selling their products, HR insists they are facing financial difficulties. I am in a difficult situation without any money.
What should I do next?
Thank you.
From India, Delhi
Dear Saga,
Approach the inspector under the State Shops and Establishment Act to claim your overdue salary. It is the inspector's responsibility under the Act to ensure compliance with its provisions. If your claim exceeds the time limit set by the Act, and you were considered a workman, you should contact the labor commissioner under the Industrial Disputes Act or file a claim petition in the labor court.
If your employer operated a factory, then file a claim petition under the Payment of Wages Act or approach the inspector responsible. If none of the above scenarios apply, you can pursue legal action by filing a suit in the civil court to recover your unpaid salary dues.
From India, New Delhi
Approach the inspector under the State Shops and Establishment Act to claim your overdue salary. It is the inspector's responsibility under the Act to ensure compliance with its provisions. If your claim exceeds the time limit set by the Act, and you were considered a workman, you should contact the labor commissioner under the Industrial Disputes Act or file a claim petition in the labor court.
If your employer operated a factory, then file a claim petition under the Payment of Wages Act or approach the inspector responsible. If none of the above scenarios apply, you can pursue legal action by filing a suit in the civil court to recover your unpaid salary dues.
From India, New Delhi
Hi,
I was with a Travel Company from Nov 2011 and left the job in Sep 2014. As per the company rules, I had to serve a notice period of 2 months, for which I did pay them by working 1 month without salary and paying 1 month's salary by cheque. Now, after several emails and calls, they are not sending my release letter and there is no update on my PF amount.
Since I have joined a new company in October 2014, they have sent me an EPF form to fill with all the details and have also asked for my UAN details if I have them. My previous company used to give half the amount in cheque and half in cash to protect their tax or something, so automatically my PF also showed up as less.
There are many other employees in the same organization who have faced the same scenario and have not been given PF. When it is clear that nobody can take PF, how do they have the audacity to do so? There have been several consumer court complaints about their services. They also commit fraud in their accounts to protect their income tax portion.
I really want to get my hard-earned money back, and if possible, I want to file a complaint against them for this. Awaiting your kind response.
Please help!!
Regards,
Sadaf
From India, Kolkata
I was with a Travel Company from Nov 2011 and left the job in Sep 2014. As per the company rules, I had to serve a notice period of 2 months, for which I did pay them by working 1 month without salary and paying 1 month's salary by cheque. Now, after several emails and calls, they are not sending my release letter and there is no update on my PF amount.
Since I have joined a new company in October 2014, they have sent me an EPF form to fill with all the details and have also asked for my UAN details if I have them. My previous company used to give half the amount in cheque and half in cash to protect their tax or something, so automatically my PF also showed up as less.
There are many other employees in the same organization who have faced the same scenario and have not been given PF. When it is clear that nobody can take PF, how do they have the audacity to do so? There have been several consumer court complaints about their services. They also commit fraud in their accounts to protect their income tax portion.
I really want to get my hard-earned money back, and if possible, I want to file a complaint against them for this. Awaiting your kind response.
Please help!!
Regards,
Sadaf
From India, Kolkata
Dear Sadaf,
Please refer to the earlier post titled "How to recover PF from a closed company" recently on the site, and similar posts. Please adopt the method elaborated there for the recovery of PF. If you are still unable to get it, please write back.
Thanks,
Sushil
From India, New Delhi
Please refer to the earlier post titled "How to recover PF from a closed company" recently on the site, and similar posts. Please adopt the method elaborated there for the recovery of PF. If you are still unable to get it, please write back.
Thanks,
Sushil
From India, New Delhi
Hi Team,
I left Technosoft Global Services Pvt Ltd on 16th Jan 2015 due to an emergency. I had requested them to process my full and final settlement by the first week of Feb 2015. I even received confirmation from the finance team that they would be processing it by the first week of Feb 2015. However, when I asked them in the first week of Feb 2015, they started playing games, claiming they hadn't received something or the other. Until now, they haven't confirmed with me. Please let me know what I should do. It's very frustrating, and I am considering lodging a complaint with the labor court.
Please help.
Thanks,
Abhishek Mishra
From India, Bangalore
I left Technosoft Global Services Pvt Ltd on 16th Jan 2015 due to an emergency. I had requested them to process my full and final settlement by the first week of Feb 2015. I even received confirmation from the finance team that they would be processing it by the first week of Feb 2015. However, when I asked them in the first week of Feb 2015, they started playing games, claiming they hadn't received something or the other. Until now, they haven't confirmed with me. Please let me know what I should do. It's very frustrating, and I am considering lodging a complaint with the labor court.
Please help.
Thanks,
Abhishek Mishra
From India, Bangalore
Under Section 41 of the TN Shops and Establishment Act, after an employee has rendered six months of service, he cannot be terminated without reasonable cause. Approach the inspector under the Act if aggrieved.
Thanks,
Sushil
From India, New Delhi
Thanks,
Sushil
From India, New Delhi
Hi sir/madam I m working in a ltd company. And i have completely 7 month working there. And company paid me salary only for 2 months. What should i do please suggest me.
From India, undefined
From India, undefined
Hi,
I worked in an organization for 8 months. I got permanent after 6 months of employment. My performance was not good in the organization, so I got a Performance Improvement Plan from the employer. I finally gave resignation as I couldn't achieve the target. I had communicated to HR that since I don't have a job in hand, I will serve the eligible notice period of 3 months. They agreed but relieved me in a week after resignation. There was a customer complaint against my organization during my notice period, but I was held responsible by citing incomplete information to top management as my boss and super boss didn't want me to serve the notice period.
As per the offer letter, termination with immediate effect may be made by either party by paying an amount equivalent to 90 days of salary in lieu of notice. In the event the termination with notice is at the instance of the employee, the organization at its sole discretion reserves the right to waive off the notice period in full or in part.
As the employer has relieved me before the notice period without my consent, in this case, can I claim for the notice period? I am not a greedy person, but I feel I am cheated by the organization.
Request to kindly advise.
Regards,
Mayank
From India, Jaipur
I worked in an organization for 8 months. I got permanent after 6 months of employment. My performance was not good in the organization, so I got a Performance Improvement Plan from the employer. I finally gave resignation as I couldn't achieve the target. I had communicated to HR that since I don't have a job in hand, I will serve the eligible notice period of 3 months. They agreed but relieved me in a week after resignation. There was a customer complaint against my organization during my notice period, but I was held responsible by citing incomplete information to top management as my boss and super boss didn't want me to serve the notice period.
As per the offer letter, termination with immediate effect may be made by either party by paying an amount equivalent to 90 days of salary in lieu of notice. In the event the termination with notice is at the instance of the employee, the organization at its sole discretion reserves the right to waive off the notice period in full or in part.
As the employer has relieved me before the notice period without my consent, in this case, can I claim for the notice period? I am not a greedy person, but I feel I am cheated by the organization.
Request to kindly advise.
Regards,
Mayank
From India, Jaipur
hi sir my ex company gave a bad feedback for the verification to the new company which i joined...and more over under 18 is also working in the company which is against the rules
From India, Hyderabad
From India, Hyderabad
Hi,
I worked for 5.6 years for a company. One day, suddenly our HR called me and asked me to resign on the spot, citing a silly reason. I accepted their decision, but the problem is that they have not paid me for the 2 months after resigning, as per the rules. Since I worked for 5.6 years, the company should pay me gratuity. However, they are not even refunding the gratuity amount. Please help me so that I can claim the amount. It's a humble request.
Thank you.
From India, Mumbai
I worked for 5.6 years for a company. One day, suddenly our HR called me and asked me to resign on the spot, citing a silly reason. I accepted their decision, but the problem is that they have not paid me for the 2 months after resigning, as per the rules. Since I worked for 5.6 years, the company should pay me gratuity. However, they are not even refunding the gratuity amount. Please help me so that I can claim the amount. It's a humble request.
Thank you.
From India, Mumbai
You need to approach your Labor Commissioner regarding gratuity and payment-related problems. Before that, give a written complaint to your old company listing out the problem areas and non-payment issues. If no reply is received, then quickly approach labor authorities in your area.
From India, Pune
From India, Pune
Guys, I have a complaint about employees. If employees don't even complete three months in a company and just walk out without completing the notice period, what kind of complaint should employers make? Could someone please suggest?
From India, Mumbai
From India, Mumbai
Why are employees leaving so fast? Any problem in the company policies?
Try to build your company into a nice place to work. Businesses need to think about things from employees' point of view also. Also, remember that employees want to know they are being treated fairly and receiving the best compensation package possible. They also want to be appreciated by employers.
Small businesses can build a positive workplace by developing new hire orientation programs. Businesses can work on creating above-average compensation and benefits packages. Strategies need to be in place to ensure successful communication and to bring about genuine teamwork among all workers/employees. Businesses/companies that work toward achieving these goals will likely experience higher employee retention rates than those who treat employees as expendable and replaceable tools.
Don't just blame employees for leaving fast, look inwards to see what is driving them out.
From India, Pune
Try to build your company into a nice place to work. Businesses need to think about things from employees' point of view also. Also, remember that employees want to know they are being treated fairly and receiving the best compensation package possible. They also want to be appreciated by employers.
Small businesses can build a positive workplace by developing new hire orientation programs. Businesses can work on creating above-average compensation and benefits packages. Strategies need to be in place to ensure successful communication and to bring about genuine teamwork among all workers/employees. Businesses/companies that work toward achieving these goals will likely experience higher employee retention rates than those who treat employees as expendable and replaceable tools.
Don't just blame employees for leaving fast, look inwards to see what is driving them out.
From India, Pune
Hi all,
I need guidance from you. I am working as an HR Executive in my company, and after I joined as an HR, I found that this company is not following any rules and regulations of a Pvt Ltd Co. Even though I tried to implement all the rules, I failed to do so. Additionally, they are being partial during the salary process. Now, they have fired me because I am against all these processes and such behavior of management. Please guide me on what kind of steps or actions I can take. I also fear that they will create problems during my F & F.
Thank you.
From India, Ahmedabad
I need guidance from you. I am working as an HR Executive in my company, and after I joined as an HR, I found that this company is not following any rules and regulations of a Pvt Ltd Co. Even though I tried to implement all the rules, I failed to do so. Additionally, they are being partial during the salary process. Now, they have fired me because I am against all these processes and such behavior of management. Please guide me on what kind of steps or actions I can take. I also fear that they will create problems during my F & F.
Thank you.
From India, Ahmedabad
Regarding leaves, you can complain to HR about the manager for not approving leaves.
Regarding Maternity - What's the headcount of your company? If it's more than 20, then your company has to provide the benefit and follow the Maternity Act.
Regarding Probation - Your manager has to send an email to HR stating that your performance is good and request to transition you to a regular employee. This way, HR can provide you with a formal letter confirming your services.
From India, Hyderabad
Regarding Maternity - What's the headcount of your company? If it's more than 20, then your company has to provide the benefit and follow the Maternity Act.
Regarding Probation - Your manager has to send an email to HR stating that your performance is good and request to transition you to a regular employee. This way, HR can provide you with a formal letter confirming your services.
From India, Hyderabad
Hello,
I am working as an HR executive in a company. I am six months pregnant, but my company is not ready to give me maternity leave, and they don't assure me of my job. Kindly help me by providing details on where I can file a complaint against my employer. Please share some contact information.
Thank you
From India, Pune
I am working as an HR executive in a company. I am six months pregnant, but my company is not ready to give me maternity leave, and they don't assure me of my job. Kindly help me by providing details on where I can file a complaint against my employer. Please share some contact information.
Thank you
From India, Pune
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