Hi, I want to ask about the company forcing me to leave early after my resignation. Due to health reasons, I have resigned and asked for half a month to work from home and half from the office. But will serve a 2-month notice. But they are denying that and asking for an early exit. So I said I am ok with early exit. But today, I learned that they are asking for a payback of the amount for the rest of the notice period. After that, I wrote the mail that I didn't want an early exit. Kindly allow me to work from home for some time. But they are saying in just one day, they have processed my exit.
What should i do if don't want early exit, and pay them any money. And can i work from home for a month in notice period. Or this will against company policy..
From India, Bhopal
What should i do if don't want early exit, and pay them any money. And can i work from home for a month in notice period. Or this will against company policy..
From India, Bhopal
Allowing you to work from home is purely a management thought, they can either deny you or allow. In your case, they have rejected your request and that cannot be challenged.
Coming to the other part of the query I would say that the company is not legally right. First, they demanded notice from an employee to resign. Unless the employee has been carrying out some managerial functions, he cannot be asked to give a notice. Second, the company has a notice period of two months as against one month. ( I presume it is not a factory or mine or plantation employing more than 100 workers to which chapter VB of the Industrial Disputes Act will apply) Third, when the employee has resigned with a commitment that he would complete 2 months' notice period and request that he may be relieved then, after notice period, the company processed his relieving and asked him to relieve immediately. The company can do so, but while doing so, the company should pay notice pay to the employee. In your case now it is a case of employer asking the employee to leave or simply termination of contract of employment from employer's side by offering notice pay, ie, two months' salary.
Now coming to the issue there are various possibilities. You can select any of the possibility depending upon the circumstance.
You can demand that you should be paid two months' salary. If they refuse, you can file a complaint before the appropriate authority. They will call for a conciliation and ask the employer to pay notice pay and settle the matter. Certainly, when a call from the Labour Officer reaches him, he will pay the amount and close the issue. But he will write in the relieving letter that you have been "terminated" following the provisions of the ID Act. With that letter, how can you build a career in any private establishment? No. It will be of no use. But you can chose this possibility if you are not joining any private establishment but you are resigning because you have got a government service or job in any PSU. You can also follow it if you are going to start yur own venture.
If you are not ending your career in private organisation, then you can think of the next possibility,ie, to accept the early relieving and silently exit from the company. But in this case also, there is an element of notice pay. You can either ask for waiver of the same since it is an early relieving by the employer where the employer is legally bound to pay it to the employee. For this you have to bargain a lot. If possible, involve somebody other than the Officers of the Labour department who can be an influencer. You can also suggest that you will drop the request for working from home but would continue to come to office and complete the tasks assigned.
Remember that an employee who has put the paper cannot expect the same love and affection from the employer which he had gained before. The employer will try to avoid such employees who have decided to leave him. But there is an HR element in it. The responsibility of the HR person cannot be ignored. HR should not take vengeance but rather should be sound and justice. Anyway, that is not in the picture now. But what I intended is that the HR will take the tool of background verification to spoil your career if you do not come to the line marked by him. He will just ignore that an employee will get protection of law. In fact many learned HR Managers do not know that notice period is not applicable to employees but it applies only to employers who intend to terminate an employee. many do not know if there is any law which regulates such notice. But they should not forget that a former employee, an employee who has left the establishment after facing harassment can spoil the image of the organisation by showcasing the HR climate of the organisation in the social media.....
From India, Kannur
4244Coming to the other part of the query I would say that the company is not legally right. First, they demanded notice from an employee to resign. Unless the employee has been carrying out some managerial functions, he cannot be asked to give a notice. Second, the company has a notice period of two months as against one month. ( I presume it is not a factory or mine or plantation employing more than 100 workers to which chapter VB of the Industrial Disputes Act will apply) Third, when the employee has resigned with a commitment that he would complete 2 months' notice period and request that he may be relieved then, after notice period, the company processed his relieving and asked him to relieve immediately. The company can do so, but while doing so, the company should pay notice pay to the employee. In your case now it is a case of employer asking the employee to leave or simply termination of contract of employment from employer's side by offering notice pay, ie, two months' salary.
Now coming to the issue there are various possibilities. You can select any of the possibility depending upon the circumstance.
You can demand that you should be paid two months' salary. If they refuse, you can file a complaint before the appropriate authority. They will call for a conciliation and ask the employer to pay notice pay and settle the matter. Certainly, when a call from the Labour Officer reaches him, he will pay the amount and close the issue. But he will write in the relieving letter that you have been "terminated" following the provisions of the ID Act. With that letter, how can you build a career in any private establishment? No. It will be of no use. But you can chose this possibility if you are not joining any private establishment but you are resigning because you have got a government service or job in any PSU. You can also follow it if you are going to start yur own venture.
If you are not ending your career in private organisation, then you can think of the next possibility,ie, to accept the early relieving and silently exit from the company. But in this case also, there is an element of notice pay. You can either ask for waiver of the same since it is an early relieving by the employer where the employer is legally bound to pay it to the employee. For this you have to bargain a lot. If possible, involve somebody other than the Officers of the Labour department who can be an influencer. You can also suggest that you will drop the request for working from home but would continue to come to office and complete the tasks assigned.
Remember that an employee who has put the paper cannot expect the same love and affection from the employer which he had gained before. The employer will try to avoid such employees who have decided to leave him. But there is an HR element in it. The responsibility of the HR person cannot be ignored. HR should not take vengeance but rather should be sound and justice. Anyway, that is not in the picture now. But what I intended is that the HR will take the tool of background verification to spoil your career if you do not come to the line marked by him. He will just ignore that an employee will get protection of law. In fact many learned HR Managers do not know that notice period is not applicable to employees but it applies only to employers who intend to terminate an employee. many do not know if there is any law which regulates such notice. But they should not forget that a former employee, an employee who has left the establishment after facing harassment can spoil the image of the organisation by showcasing the HR climate of the organisation in the social media.....
From India, Kannur
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