Hi,
In my present company, as per the HR policy, they have mentioned that:
Notice period waiver is first adjusted against the accumulated leave balance, if any, of the colleague. The remaining accumulated leaves will be encashed as part of F & F settlement. However, if the accumulated leave balance is insufficient for adjustment against the notice period waiver, the colleague will compensate the company as stated in (c) above.
Currently, my notice period is 90 days, and I have around 20 earned leaves in my account. When I talked to my manager regarding my last working days and adjustment of earned leaves against the notice period, he denied, saying that the leaves will not be adjusted against the notice period, and this is the instruction from the higher management.
Now, when there is a policy that notice period waiver will be first adjusted against the accumulated leave balance, how can they do this? Is higher management above the company HR policy?
Please tell me, is there any way I can legally fight with them on this?
Regards,
- Manoj
From India, Haryana
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In my present company, as per the HR policy, they have mentioned that:
Notice period waiver is first adjusted against the accumulated leave balance, if any, of the colleague. The remaining accumulated leaves will be encashed as part of F & F settlement. However, if the accumulated leave balance is insufficient for adjustment against the notice period waiver, the colleague will compensate the company as stated in (c) above.
Currently, my notice period is 90 days, and I have around 20 earned leaves in my account. When I talked to my manager regarding my last working days and adjustment of earned leaves against the notice period, he denied, saying that the leaves will not be adjusted against the notice period, and this is the instruction from the higher management.
Now, when there is a policy that notice period waiver will be first adjusted against the accumulated leave balance, how can they do this? Is higher management above the company HR policy?
Please tell me, is there any way I can legally fight with them on this?
Regards,
- Manoj
From India, Haryana
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Please check with HR or your colleague to determine if there have been any amendments to the HR policy you are referencing. If there have been no amendments, please send a letter requesting clarification on the matter mentioned in the forum.
From India, Ahmadabad
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787From India, Ahmadabad
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No, there are no amendments to the HR Policy. Can I ask this directly to my HR, or do I need to go through my manager? If HR denies the fact, what are the other options? If HR informs me that my manager or higher management is not willing to adjust the leaves against the notice period, what can I do?
From India, Haryana
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From India, Haryana
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When there is a laid-down procedure for adjustment of EL at credit in Notice pay, Management cannot deny it unless it is amended and notified among the employees. While serving the notice, you could have mentioned the adjustment of EL and the process further, so that you would have received a proper reply. You can now meet with HR and personally discuss the matter to confirm if any amendments were made that you might not have noticed. If no amendment is issued, then you can approach higher authorities with an application for the adjustment of EL. Legal proceedings are the last step if required.
Eswara Rao Ivaturi
From United States, Cupertino
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Eswara Rao Ivaturi
From United States, Cupertino
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You can press for getting your leave adjusted and deal with it firmly. If necessary, get some support from your managers to strengthen your case. Use a legal approach as a last resort. You may get your leave adjusted after a long and protracted case. But consider if:
a) The lengthy battle is worth your time and what is the money you stand to gain after spending this time.
b) It's a small world, and legal fights can get echoed into the ears of your new employer. This may not bode well for you in the long run.
From India, Chennai
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a) The lengthy battle is worth your time and what is the money you stand to gain after spending this time.
b) It's a small world, and legal fights can get echoed into the ears of your new employer. This may not bode well for you in the long run.
From India, Chennai
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Dear all,
Adjustment of leave against the notice period is not automatic; first of all, it needs to be specifically requested in writing. Secondly, the management has the option to accept or reject it. In cases where the employee is handling sensitive assignments, the adjustment may be refused to allow the completion of tasks at hand or to train another person for such responsibilities. An employer cannot be abruptly left without support, and some level of continuity must be maintained.
Nevertheless, if the leave adjustment is refused, then leave salary is to be paid. If you have not yet requested leave adjustment specifically, you can still submit an application seeking your relieving after adjusting the leave to your credit. If this is not done, you should insist on leave salary, which is payable within three days of your departure as per the Factories Act.
KK
From India, Bhopal
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Adjustment of leave against the notice period is not automatic; first of all, it needs to be specifically requested in writing. Secondly, the management has the option to accept or reject it. In cases where the employee is handling sensitive assignments, the adjustment may be refused to allow the completion of tasks at hand or to train another person for such responsibilities. An employer cannot be abruptly left without support, and some level of continuity must be maintained.
Nevertheless, if the leave adjustment is refused, then leave salary is to be paid. If you have not yet requested leave adjustment specifically, you can still submit an application seeking your relieving after adjusting the leave to your credit. If this is not done, you should insist on leave salary, which is payable within three days of your departure as per the Factories Act.
KK
From India, Bhopal
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