Dear Sasmita
Proper way of dealing with the case.
1) She was relieved on 5th January 2012 from service and thus she is deemed to be in service till 5th January 2012. Furher she was on sanctioned leave from Oct-Dec 2011 and accordingly she cannot be treated to have ceased in service from October onwards. Therefore she cannot be presumed to have resigned from 30th September 2011 .Thus her resignation shall be treated to be with effect from 5th January 2012 as she was relieved.
2) Though she is entitled to leave encashment of 11 days which was at balance in her leave account, she agreed to the company’s proposal for adjusting it against the notice period .Thus she waived her right to leave encashment. Therefore she cannot contend now that her date of resignation shall be treated with effect from 15th January 2012. Furher, it is anomalous to treat an employee to be on duty for the period of his/her leave at balance since such service is only fictional but not actual. Therefore for reasons of legal and administrative compatibility, she shall be deemed to have resigned on 5th Jan and been relieved on 5th January 2012.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
54Proper way of dealing with the case.
1) She was relieved on 5th January 2012 from service and thus she is deemed to be in service till 5th January 2012. Furher she was on sanctioned leave from Oct-Dec 2011 and accordingly she cannot be treated to have ceased in service from October onwards. Therefore she cannot be presumed to have resigned from 30th September 2011 .Thus her resignation shall be treated to be with effect from 5th January 2012 as she was relieved.
2) Though she is entitled to leave encashment of 11 days which was at balance in her leave account, she agreed to the company’s proposal for adjusting it against the notice period .Thus she waived her right to leave encashment. Therefore she cannot contend now that her date of resignation shall be treated with effect from 15th January 2012. Furher, it is anomalous to treat an employee to be on duty for the period of his/her leave at balance since such service is only fictional but not actual. Therefore for reasons of legal and administrative compatibility, she shall be deemed to have resigned on 5th Jan and been relieved on 5th January 2012.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
Thanks Saikumar. But the company has already issued her the relieving letter stating Sept 30th as her last working and when she asked for it they are saying its the company policy
From India, Hyderabad
From India, Hyderabad
Sasmita
A company can do any thing in the guise of comany's policy and ultimately all policies are tested on the touchstone of law, where they do not sustain.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
A company can do any thing in the guise of comany's policy and ultimately all policies are tested on the touchstone of law, where they do not sustain.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
Hi,
Mr.Saikumar is right.
Just because a Co issues a letter does not mean what is stated in the letter is legally correct.
Effective date should be day on which she resigned.
In so far as cut in pay, if the Co is not doing well and wants to reduce pay,they have to take consent of employees in writing. In case, the employee does not want a cut then he has to allowed to quit without notice period.
Regards,
Col.Suresh Rathi
From India, Delhi
Mr.Saikumar is right.
Just because a Co issues a letter does not mean what is stated in the letter is legally correct.
Effective date should be day on which she resigned.
In so far as cut in pay, if the Co is not doing well and wants to reduce pay,they have to take consent of employees in writing. In case, the employee does not want a cut then he has to allowed to quit without notice period.
Regards,
Col.Suresh Rathi
From India, Delhi
fast of all resignation date and acceptance letter date is more important in this case on the basis of this she can approach legal machinery like labour department, factory or shop inspector
From India, Mumbai
From India, Mumbai
Hi Sasmita,
If she has reported back to duty on 2 Jan, she can not be considered to be resigned effective previous date. It will be interesting to see her resignation letter. Has she mentioned the specific date on resignation letter? They might have taken the letter drafted in such a manner, to be considered as deemed resingation effective back date.
\Nilesh
From India, Mumbai
If she has reported back to duty on 2 Jan, she can not be considered to be resigned effective previous date. It will be interesting to see her resignation letter. Has she mentioned the specific date on resignation letter? They might have taken the letter drafted in such a manner, to be considered as deemed resingation effective back date.
\Nilesh
From India, Mumbai
She tried her best but what management is saying is that she was suppose to join back on 2nd Jan after leave but as she did not join back and called and informed the management about her concerns and after discussing over phone she sent her resignation email on 5th Jan, so they will consider her last working date as 30th Sept and relieve her accordingly.
Even they are saying that as she didnot report back to duty and resigned so they will consider it as an absconding case.
But I believe its not a case of absconding as she has formaly resigned and was on approved leave and moreover she discussed with management regarding her concerns before 2nd Jan and informed them that she might not join back if deductions are going on.
@ Nilesh her relieving letter is dated Jan 17th but relieving date is Sept 30th
From India, Hyderabad
Even they are saying that as she didnot report back to duty and resigned so they will consider it as an absconding case.
But I believe its not a case of absconding as she has formaly resigned and was on approved leave and moreover she discussed with management regarding her concerns before 2nd Jan and informed them that she might not join back if deductions are going on.
@ Nilesh her relieving letter is dated Jan 17th but relieving date is Sept 30th
From India, Hyderabad
Hi,
Leave approved for the period of Oct to Dec is with pay or witout pay, when approved? was that being approved in system/leave card etc. If yes she can take that as evidance. Anywhich case she can not be considered as as an abscondee since she has voluntarily resogned (Atlease in writing)....
\Nilesh
From India, Mumbai
Leave approved for the period of Oct to Dec is with pay or witout pay, when approved? was that being approved in system/leave card etc. If yes she can take that as evidance. Anywhich case she can not be considered as as an abscondee since she has voluntarily resogned (Atlease in writing)....
\Nilesh
From India, Mumbai
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