Thank you Dear Prashant & Saji, I will contact HR on this, if no progress / negative impact, I will look for legal action. For legal action to whom I suppose to contact?
2
Dear,
Before stating anything or before giving any kind of suggestion, it will be batter to go through the terms and conditions of your Appointment Letter/Service Agreement (if any). First see, whether there is any condition, permiting the Employer to do so. If, no, you can bring the mattert to the knowledge of the Management. And it is always batter to handle such kind of issues with written correspondence in a professional way.
Just like issue of an Offer letter before Appointment, Management shell issue a letter to the resigned Employee as Acceptance of Resignation Letter before Relieving mentioning the date of resignation of the Employee and the date on whic the Management is going to relieve the Employee under which conditions with Acknowledgement and the copy of the same with a no dues template shell be forwarde to other related departments too. The process, give a clear picture to the resigned employee, Management, HODs and and other related departments regarding the matter which is helpfull for both the Employer and Employee to settle the Account of the resigned Employee perfectly.
From India
Before stating anything or before giving any kind of suggestion, it will be batter to go through the terms and conditions of your Appointment Letter/Service Agreement (if any). First see, whether there is any condition, permiting the Employer to do so. If, no, you can bring the mattert to the knowledge of the Management. And it is always batter to handle such kind of issues with written correspondence in a professional way.
Just like issue of an Offer letter before Appointment, Management shell issue a letter to the resigned Employee as Acceptance of Resignation Letter before Relieving mentioning the date of resignation of the Employee and the date on whic the Management is going to relieve the Employee under which conditions with Acknowledgement and the copy of the same with a no dues template shell be forwarde to other related departments too. The process, give a clear picture to the resigned employee, Management, HODs and and other related departments regarding the matter which is helpfull for both the Employer and Employee to settle the Account of the resigned Employee perfectly.
From India
Don't think of legal battle etc its as simple as the following -
1) If you have earned leaves left and you did not opt for encashing them - you can be treated on leave for last seven days and for that Company need to pay you money.
2) In case there is no full 7 final settlement signed by either party, the case is till open and you can write to them.
You probably might have had some dispute or difference of opinion with someone at the helms of the affair who may be holding all this. Or on the contrary you might be having some penalities pending for your acts durin your tenure etc. Need to write to the right person say head of HR or CEO etc. These persons are thoroughly professional.
Separation and settlement is legal and transparent activity everywhere and both parties can questtion and get clarifications. sometimes we need to see through the situations ....
From India, Mumbai
1) If you have earned leaves left and you did not opt for encashing them - you can be treated on leave for last seven days and for that Company need to pay you money.
2) In case there is no full 7 final settlement signed by either party, the case is till open and you can write to them.
You probably might have had some dispute or difference of opinion with someone at the helms of the affair who may be holding all this. Or on the contrary you might be having some penalities pending for your acts durin your tenure etc. Need to write to the right person say head of HR or CEO etc. These persons are thoroughly professional.
Separation and settlement is legal and transparent activity everywhere and both parties can questtion and get clarifications. sometimes we need to see through the situations ....
From India, Mumbai
It is not fair on the part of employer to relieve the employee early arbitrarily and deduct EL salary for that,They are right if employee is relieved early on his request.But as there is no provision in Indian labor laws on relieving/final settlement no legal remedy is available for a person .
Varghese Mathew
9961266966.
From India, Thiruvananthapuram
Varghese Mathew
9961266966.
From India, Thiruvananthapuram
Earned leave or Privilege Leave will be 1 day for every completed days of service. (This may slightly vary organisation to organisation. So, unless there is a service, no leave will credited. Next question is 90 days\' notice period. It is the prerogative of the management to decide when to accept the VRS application of an employee. It is very much made it clear, though an employee can apply for VRS, it is the management to decide whether to accept it, and if accepting when to accept. It can be same day, very next day or within 90 days. If management is having sufficient reasons to believe that employee\'s conduct while in service had made some damages to the organisation and need to be chargesheeted, it can be done within the notice period and reject the VRS. So, in the given case, he has not worked for 7 days and as such no EL or PL will be counted for that period.
From India, Cochin
From India, Cochin
Hi,
Legally, the employee employer relationship does not end until the relieving date after resignation. Secondly, ELs are your lawfully earned leaves so every employee is entitled to get paid for the ELs upto a limit.
From India
Legally, the employee employer relationship does not end until the relieving date after resignation. Secondly, ELs are your lawfully earned leaves so every employee is entitled to get paid for the ELs upto a limit.
From India
If I have understood this properly -Company has relieved you earlier than contractual notice period - This is perfectly legal and valid, in fact this is standard practice. However, deducting these early relieving days, 7 in this case, from employee's earned leave is wrong, erroneous and bad in law irrespective of whether the employee has signed exit papers and received settlement dues. A gentle letter drawing attention to this fact should be written to the company failing which you should proceed legally since the case is totally in employee's favour and the employer cannot escape paying earned leave for wrongful deduction. I hope the employee has not submitted, at any time after resigning, in writing or orally about inability to work for the entire notice period of 90 days and it is solely the employer's decision to relieve the employee early.
From India, Mumbai
From India, Mumbai
You have the legal remedy, but instead of going legally would suggest issue letter to your employer politely in simple language, discribe the fact and suggestion mentioned herein by learned members.
First of all it is clarified legally notice period more than 1 month is not enforceable. if you will see the provision of any State S&E Act and IESO ( Central or State both) , will find provision that an employee or employer as the case may be can not terminate employment without giving one month notice. i have not seen 3 month notice period in any provision of either Labour Law legislations except in ID Act thats too in case of retrenchment.
Further any agreement whatsoever nature if agaist law is void ab initio, so if your appointment letter prescribe 3 months notice before termination of employment agreement by either party itself against the statute legally in practical most of Companies do and provide three months notice period.
Even otherwise we accept that its so and its an agreement between employee and Employer and binding on both equally ( without going into legality) than you have not requested for early relieving but they relieved 7 days early by their own wish and will. So you can ask them to pay 7 days salary.
would also like to point out here that EL are not adjuctable against notice period or short days for notice period as per law ( mentioned in almost all states S&E Act)
First of all it is clarified legally notice period more than 1 month is not enforceable. if you will see the provision of any State S&E Act and IESO ( Central or State both) , will find provision that an employee or employer as the case may be can not terminate employment without giving one month notice. i have not seen 3 month notice period in any provision of either Labour Law legislations except in ID Act thats too in case of retrenchment.
Further any agreement whatsoever nature if agaist law is void ab initio, so if your appointment letter prescribe 3 months notice before termination of employment agreement by either party itself against the statute legally in practical most of Companies do and provide three months notice period.
Even otherwise we accept that its so and its an agreement between employee and Employer and binding on both equally ( without going into legality) than you have not requested for early relieving but they relieved 7 days early by their own wish and will. So you can ask them to pay 7 days salary.
would also like to point out here that EL are not adjuctable against notice period or short days for notice period as per law ( mentioned in almost all states S&E Act)
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