On or before means any working day, he can join the office but not off day. So he should be paid from the 23rd September, i.e., the date of joining the company.
If somebody resides farther away, he may start the journey 2-3 days early. However, this does not mean that he should be paid a salary for the journey period.
From India, Mumbai
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2If somebody resides farther away, he may start the journey 2-3 days early. However, this does not mean that he should be paid a salary for the journey period.
From India, Mumbai
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Dear BC. Arya,
The argument of your ABO to treat the day of the journey as the day of joining has no justification. In ordinary circumstances, unless otherwise specified, the actual date of reporting for duty is "the day of joining." No doubt management might have reimbursed the traveling expenses as a matter of policy, but it doesn't mean that he has already joined the duty. Your ABO has erred in his judgment.
SPKR
From India, Bangalore
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The argument of your ABO to treat the day of the journey as the day of joining has no justification. In ordinary circumstances, unless otherwise specified, the actual date of reporting for duty is "the day of joining." No doubt management might have reimbursed the traveling expenses as a matter of policy, but it doesn't mean that he has already joined the duty. Your ABO has erred in his judgment.
SPKR
From India, Bangalore
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Hello Bcarya,
In the instant case, his date of joining will be 23-9-2013, i.e., the date on which he reported to your Zonal office for joining formalities. There cannot be any doubt about it. If he were in Arunachal Pradesh, he would have started four days ago to reach Hyderabad. In such a case, would his date of joining be 19-9-13, and would he be entitled to salary from that date? What about another ABO candidate selected from Hyderabad? He would have reported to the Zonal office in HYD on the same date, i.e., 23-9-13, and in his case, the date of joining would be 23-9-13. Can there be two different dates of joining for two candidates who reported for duty on the same day? It is an absurd argument of ABO and does not even deserve a glance.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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In the instant case, his date of joining will be 23-9-2013, i.e., the date on which he reported to your Zonal office for joining formalities. There cannot be any doubt about it. If he were in Arunachal Pradesh, he would have started four days ago to reach Hyderabad. In such a case, would his date of joining be 19-9-13, and would he be entitled to salary from that date? What about another ABO candidate selected from Hyderabad? He would have reported to the Zonal office in HYD on the same date, i.e., 23-9-13, and in his case, the date of joining would be 23-9-13. Can there be two different dates of joining for two candidates who reported for duty on the same day? It is an absurd argument of ABO and does not even deserve a glance.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Dear BCarya,
You have already gone through the comments, which are perfectly correct. As an HR professional, you will keep on hearing such absurd requests, demands, or threats from employees. You need to be firm and work according to the established rules.
Another thing that surprises me is that in the private sector, companies are notorious for denying even the legal dues to their employees. We keep on reading such case studies every day, and people also complain about the negative attitude of HR when it comes to employee benefits.
And here is a newly joined employee who is trying to arm-twist you! I generally take the side of the employees, but in this case, I would also suggest that you verbally warn the employee that any such demands in the future would be viewed seriously as it hampers the peaceful and harmonious atmosphere in the office and might motivate others to make such unlawful demands. Furthermore, keep him under your watch-list, as he is prone to create further trouble.
Warm regards.
From India, Delhi
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You have already gone through the comments, which are perfectly correct. As an HR professional, you will keep on hearing such absurd requests, demands, or threats from employees. You need to be firm and work according to the established rules.
Another thing that surprises me is that in the private sector, companies are notorious for denying even the legal dues to their employees. We keep on reading such case studies every day, and people also complain about the negative attitude of HR when it comes to employee benefits.
And here is a newly joined employee who is trying to arm-twist you! I generally take the side of the employees, but in this case, I would also suggest that you verbally warn the employee that any such demands in the future would be viewed seriously as it hampers the peaceful and harmonious atmosphere in the office and might motivate others to make such unlawful demands. Furthermore, keep him under your watch-list, as he is prone to create further trouble.
Warm regards.
From India, Delhi
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Resp. All,
Thank you for your valuable guidance. I would like to specially thank Raj Kumar Hansdah Sir for taking an interest in this post, expressing your views, and providing guidance on this matter.
In my career to date, as I am responsible for all Compliance and Legal matters, I always assist employees in obtaining their legal benefits and support them throughout their service period and beyond. This is essential for a good HR professional. At times, I may need to challenge my higher management and explain the risks and pitfalls of certain issues. I am pleased that the higher management has consistently accepted my perspectives and complied with my recommendations. I will continue to do the same.
Thank you once again, sir.
From India, Delhi
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Thank you for your valuable guidance. I would like to specially thank Raj Kumar Hansdah Sir for taking an interest in this post, expressing your views, and providing guidance on this matter.
In my career to date, as I am responsible for all Compliance and Legal matters, I always assist employees in obtaining their legal benefits and support them throughout their service period and beyond. This is essential for a good HR professional. At times, I may need to challenge my higher management and explain the risks and pitfalls of certain issues. I am pleased that the higher management has consistently accepted my perspectives and complied with my recommendations. I will continue to do the same.
Thank you once again, sir.
From India, Delhi
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Dear Mr. Bhuwan C. Arya,
The day he reported for work at the Zonal office, i.e., 23.09.2013, is his Date of Joining. As advised by other members, it is advisable to clear the ambiguity at the time of joining itself by seeking a Joining report from the new entrant. The joining report shall mention the Date of Joining (in this case 23.09.2013). So the confusion over the Date of Joining could have been cleared at that point of time itself.
The other aspect that could have arisen in the mind of the employee is that he was reimbursed for the traveling expenses prior to his joining. In fact, you have followed the procedure of reimbursement correctly. If he raises such a query, please advise him that as per company policy, the travel expenses for those who undertake travel for attending interviews/joining, etc., are reimbursed.
Regards,
M.V. Kannan
From India, Madras
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The day he reported for work at the Zonal office, i.e., 23.09.2013, is his Date of Joining. As advised by other members, it is advisable to clear the ambiguity at the time of joining itself by seeking a Joining report from the new entrant. The joining report shall mention the Date of Joining (in this case 23.09.2013). So the confusion over the Date of Joining could have been cleared at that point of time itself.
The other aspect that could have arisen in the mind of the employee is that he was reimbursed for the traveling expenses prior to his joining. In fact, you have followed the procedure of reimbursement correctly. If he raises such a query, please advise him that as per company policy, the travel expenses for those who undertake travel for attending interviews/joining, etc., are reimbursed.
Regards,
M.V. Kannan
From India, Madras
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An employee is not entitled to any weekly off day prior to his joining date.
From India, Delhi
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From India, Delhi
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Me thinks you have chosen the wrong candidate.
It is surprising that a new employee is raising an issue about getting paid for a day he traveled from his home city to the place of joining. It is even more surprising to see someone at the manager level willing to damage his reputation in a new company over one day's salary. You need to keep an eye on the employee.
In my experience, a new employee will not raise disputes about small matters unless it is very serious. They generally prioritize getting into their job, establishing proper working relationships with colleagues, and building a reputation in the new company by showcasing their work and skills.
From India, Mumbai
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It is surprising that a new employee is raising an issue about getting paid for a day he traveled from his home city to the place of joining. It is even more surprising to see someone at the manager level willing to damage his reputation in a new company over one day's salary. You need to keep an eye on the employee.
In my experience, a new employee will not raise disputes about small matters unless it is very serious. They generally prioritize getting into their job, establishing proper working relationships with colleagues, and building a reputation in the new company by showcasing their work and skills.
From India, Mumbai
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Dear Banerjee Sir,
I agree with your point. However, I have faced more experiences like this during my service tenure. I have observed that employees, especially those in significant positions with good field knowledge, often make such demands.
Although I have addressed this issue to the best of my abilities and, as an HR personnel at the Head Office, I have provided clear instructions to the recruitment cell to address such issues with candidates before finalizing, and to all Branches & Zonal Offices for handling such situations in the future.
My main goal in bringing this up for discussion here was to highlight such situations and seek expert views on how to handle them. This way, we can ensure that the interests of both the employees and the organization are not compromised.
From India, Delhi
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I agree with your point. However, I have faced more experiences like this during my service tenure. I have observed that employees, especially those in significant positions with good field knowledge, often make such demands.
Although I have addressed this issue to the best of my abilities and, as an HR personnel at the Head Office, I have provided clear instructions to the recruitment cell to address such issues with candidates before finalizing, and to all Branches & Zonal Offices for handling such situations in the future.
My main goal in bringing this up for discussion here was to highlight such situations and seek expert views on how to handle them. This way, we can ensure that the interests of both the employees and the organization are not compromised.
From India, Delhi
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