Hi, I have informed my company about my decision to leave and am on notice period. Our notice period here is one month. I requested if I could be relieved early, to which my boss refused and asked me to serve a notice period of 30 days. I have 11 unclaimed leaves in my account; my contract doesn't say that they are EL or CL. It just says that I will get 24 leaves in a year. Now, on my boss's behest, my HR, who earlier was saying that these leaves will be adjusted in my notice period, now says that neither will these leaves be adjusted nor encashed. Leaves not being encashable is understood as these can't be EL, since we get 2 leaves a month; but they have flatly refused to adjust it against 9 days in my notice period also. Also, they have withheld my salary for the month of November, which is the period before I sent my resignation. They are saying that even this will be given to me along with the full and final settlement. Can an organisation have the authority to take such arbitrary decision on an employee's leave? I feel cheated and victimised, can I take the legal route?
From India, New Delhi
From India, New Delhi
Mam,
Your balance leave don't use to be adjust in the notice pay.beside the same will be en-cash with your full & final settlement. if your employment aggression says that then it will be well & good to serve the notice period Or in lieu of paid a salary of one month for your smooth exit.
Regards
Ravi
From India, Nagpur
7Your balance leave don't use to be adjust in the notice pay.beside the same will be en-cash with your full & final settlement. if your employment aggression says that then it will be well & good to serve the notice period Or in lieu of paid a salary of one month for your smooth exit.
Regards
Ravi
From India, Nagpur
Generally, leave is not adjusted against notice pay.
However, under factories act, leave unused at time of termination of serves is encashable, however, it refers to statutory leave of 1 day for every 20 days worked. Further, it applies to factories. For shop and establishment, you need to see the relevant state act.
Payment of salary can not be held back for the period till end of notice period. That is a violation of payment of wages act. Under any circumstance, the wage period must be followed.
However, if you raise this matter now or try to take any legal action on this, it will affect your full and final settlement and future reference check. So chill and serve out your notice period and take your money.
From India, Mumbai
However, under factories act, leave unused at time of termination of serves is encashable, however, it refers to statutory leave of 1 day for every 20 days worked. Further, it applies to factories. For shop and establishment, you need to see the relevant state act.
Payment of salary can not be held back for the period till end of notice period. That is a violation of payment of wages act. Under any circumstance, the wage period must be followed.
However, if you raise this matter now or try to take any legal action on this, it will affect your full and final settlement and future reference check. So chill and serve out your notice period and take your money.
From India, Mumbai
Dear Senior,
If any employee is on notice period for one month and he is eligible to get one which is current month salary and another which is his Full and final after his last working day.If company wants to process both month salary along with F & F settlement, is it legal?
Say resigns on 15th December, notice period is ended on 14th January.
Salary eligible 15th-31st Dec, again 1st-14th January.
Please reply
Jayeeta
From India, Calcutta
If any employee is on notice period for one month and he is eligible to get one which is current month salary and another which is his Full and final after his last working day.If company wants to process both month salary along with F & F settlement, is it legal?
Say resigns on 15th December, notice period is ended on 14th January.
Salary eligible 15th-31st Dec, again 1st-14th January.
Please reply
Jayeeta
From India, Calcutta
What you have written is what is provided in the Payment of Wages Act Holding back the december salary till completion of notice period is illegal under the act and rules.
From India, Mumbai
From India, Mumbai
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