Dear Amit,
Thanks for the advice. My line manager gave the following instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me a service certificate only if I serve the days I was on leave.
This would mean 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly. This is kind of disturbing. But I haven't spoken to HR regarding this particular issue.
I would first talk to my senior manager and explain the facts. I would also provide the required medical certificates. But how can the company deny release for such a genuine situation for the sake of billing, especially being one of the top 5 IT companies in India.
From India
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Thanks for the advice. My line manager gave the following instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me a service certificate only if I serve the days I was on leave.
This would mean 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly. This is kind of disturbing. But I haven't spoken to HR regarding this particular issue.
I would first talk to my senior manager and explain the facts. I would also provide the required medical certificates. But how can the company deny release for such a genuine situation for the sake of billing, especially being one of the top 5 IT companies in India.
From India
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Hi Arun You may get your yearly leave balance adjusted againg the notice period to be served. Else you may ask your departmental head to relive you and notice period to be waved off. Regards, Neha
From India, Delhi
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From India, Delhi
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A notice of 60 days or payment of equivalent salary at pro rata in lieu thereof shall be applied. This is without prejudice to any right or claim which may be accrued to either of the parties by virtue of the employment thereof.
From India, Calcutta
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10From India, Calcutta
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I will talk with love and affection. I will talk today and explain the situtation I am in now. I would provide a feedback soon.
From India
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From India
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Dear Arunragavan,
It's quite simple, really.
1. Please understand that no employer can force you to work during your notice period. Like someone suggested rightly, you are not bonded labor.
2. You have met with an accident that requires you to remain absent from work as per medical advice for which you have a doctor's certificate advising you complete bed rest for whatever period.
3. You have the following options:
a. You appraise the HR person of your company of your true circumstances and impress upon him that however much you would like to serve out your notice period, circumstances beyond your control prevent you from doing so.
b. Request the HR guy to waive off your balance notice period (20 days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed notice period and request release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same against the shortfall in your notice period.
Keep copies of all these emails/correspondence which you will send/receive from the HR of your company, these may come in handy at a later stage with your new employer.
You can always inform your new employer of the actual predicament that you are in, submit copies of your correspondence with your current HR manager and doctor's medical certificate. I am sure the new HR guy will treat these with due merit and maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
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It's quite simple, really.
1. Please understand that no employer can force you to work during your notice period. Like someone suggested rightly, you are not bonded labor.
2. You have met with an accident that requires you to remain absent from work as per medical advice for which you have a doctor's certificate advising you complete bed rest for whatever period.
3. You have the following options:
a. You appraise the HR person of your company of your true circumstances and impress upon him that however much you would like to serve out your notice period, circumstances beyond your control prevent you from doing so.
b. Request the HR guy to waive off your balance notice period (20 days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed notice period and request release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same against the shortfall in your notice period.
Keep copies of all these emails/correspondence which you will send/receive from the HR of your company, these may come in handy at a later stage with your new employer.
You can always inform your new employer of the actual predicament that you are in, submit copies of your correspondence with your current HR manager and doctor's medical certificate. I am sure the new HR guy will treat these with due merit and maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
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Hi Arun,
First of all, take care of your health and good luck to you.
This issue can be sorted out only depending upon your approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that it's a purely unexpected thing and it's not just like you are rushing up to get relieved from the current company.
Make sure that you don't talk to him about rules and regulations; it will irritate him. Don't say things like, "How can you people do this to me? I am not a bonded labor for you. What you are doing is illegal. Look at our company policy," etc. It will only worsen the situation. Don't forget that a reference check will be done from your current company, so try to be polite.
Your way of conversation should make him feel that you give him prime importance and that you are confident he will resolve this issue. Most of the time, this approach will help. Ultimately, they will be the ones who get the nod from the management.
From your company policy, find out whether the leftover leave balance can be adjusted against the notice period.
Make him understand that only because of your health issue there is a shortfall of 20 days in your notice period and for this, you are either ready to pay for those 20 days or work extra hours.
Try doing this:
1. Try adjusting your notice period with your leave balance.
2. Try paying off the balance of 20 days.
3. Try convincing your manager to treat this as a special case and allow you to leave without serving the 20 days' notice period by considering the medical certificate.
4. If none of these works, ask if you can work extra hours to cover up the 20 days' notice period.
Please come back with good news. Good luck, yaar.
From India, Madras
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First of all, take care of your health and good luck to you.
This issue can be sorted out only depending upon your approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that it's a purely unexpected thing and it's not just like you are rushing up to get relieved from the current company.
Make sure that you don't talk to him about rules and regulations; it will irritate him. Don't say things like, "How can you people do this to me? I am not a bonded labor for you. What you are doing is illegal. Look at our company policy," etc. It will only worsen the situation. Don't forget that a reference check will be done from your current company, so try to be polite.
Your way of conversation should make him feel that you give him prime importance and that you are confident he will resolve this issue. Most of the time, this approach will help. Ultimately, they will be the ones who get the nod from the management.
From your company policy, find out whether the leftover leave balance can be adjusted against the notice period.
Make him understand that only because of your health issue there is a shortfall of 20 days in your notice period and for this, you are either ready to pay for those 20 days or work extra hours.
Try doing this:
1. Try adjusting your notice period with your leave balance.
2. Try paying off the balance of 20 days.
3. Try convincing your manager to treat this as a special case and allow you to leave without serving the 20 days' notice period by considering the medical certificate.
4. If none of these works, ask if you can work extra hours to cover up the 20 days' notice period.
Please come back with good news. Good luck, yaar.
From India, Madras
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By virtue of your appointment, "your services are terminable by giving two months' notice or salary in lieu thereof, by either side." Hence, you can either convince/request the HR Manager and:
• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such a genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you? Hope your company relieves you amicably. Good luck to you.
Regards
From India, Hyderabad
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• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such a genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you? Hope your company relieves you amicably. Good luck to you.
Regards
From India, Hyderabad
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Maliniluky
Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kind of compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company's HR who understands my situation.
I would talk to my manager today and explain to him the treatment I am undergoing. Hopefully, they would understand. I just need a 20-day reprieve so that I can sort out things myself.
From India
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Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kind of compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company's HR who understands my situation.
I would talk to my manager today and explain to him the treatment I am undergoing. Hopefully, they would understand. I just need a 20-day reprieve so that I can sort out things myself.
From India
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Hi guys, I talked to my manager and emailed all the facts. He was compassionate and informed me that he would release me by the end of this month. He has also communicated this to the customer. However, when I spoke with the HR, he was quite heartless. He said I would need to come to the office no matter what, regardless of what happens.
Please suggest.
From India
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Please suggest.
From India
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Well, guys, the HR still insists that if I take leave now for a few weeks, I would need to compensate for the same coming back for sickness. Kind of if I take leave for 4 weeks, I would need to come back after 4 weeks of sick leave and serve 4 weeks and then get released from the company. I am still negotiating, but nothing seems to work and no one seems to listen. Can anyone suggest what I can do?
From India
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From India
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