Hello Seiner ,
My of friend given the resignation accordingly Monday was his last working days .handover takeover process has complete on Saturday . but due to illness he cannot attend his office in Monday ,
Now company showing is last day on Saturday accordingly he have lost his Sunday As well as two days notice period , please advise can he entitle for Sunday ? company have adopt 7 days working system.
regards
Rajvir Singh
From India, Chandigarh
4My of friend given the resignation accordingly Monday was his last working days .handover takeover process has complete on Saturday . but due to illness he cannot attend his office in Monday ,
Now company showing is last day on Saturday accordingly he have lost his Sunday As well as two days notice period , please advise can he entitle for Sunday ? company have adopt 7 days working system.
regards
Rajvir Singh
From India, Chandigarh
Dear Mr. Rajvir,
Here, some of the points need consideration.
1. If your friend's last working day was Monday, then why (s)he handed over the charge on Saturday itself..??
2. As your friend was already aware that Monday is his/her last working day, then why (s)he took leave on that day, whereas (s)he was just Cold & Fever (as mentioned by you)..??
3. Was your friend sent any leave mail to the management on that day and it was accepted by them..??
You query is putting only your friend's part, whereas for a right advise the matter should be clear. So, plz. give these details also.
It will very helpful to many of my friends here at this forum to give their views on your this query.
From India, Delhi
Here, some of the points need consideration.
1. If your friend's last working day was Monday, then why (s)he handed over the charge on Saturday itself..??
2. As your friend was already aware that Monday is his/her last working day, then why (s)he took leave on that day, whereas (s)he was just Cold & Fever (as mentioned by you)..??
3. Was your friend sent any leave mail to the management on that day and it was accepted by them..??
You query is putting only your friend's part, whereas for a right advise the matter should be clear. So, plz. give these details also.
It will very helpful to many of my friends here at this forum to give their views on your this query.
From India, Delhi
Dear Sir ,
Answer para-wise ..
1 that will decided by management because to till date no replacement hire by company .so the higher authority came from Head office for take over the change .as per there convenience.
2 there was same mistake he couldn't inform/ mail to hire authority . due to his shifting works,but question is that if any body meet with accident on his last working day then..
if we are leave the LWD but after six day working he is entitle for his weekly off accordingly his LWD was Sunday .
don't see this as case my friend just see if anybody challenge to us through legal procedure then what we can as a HR.
Regards
Rajvir Singh
08192900172
From India, Chandigarh
Answer para-wise ..
1 that will decided by management because to till date no replacement hire by company .so the higher authority came from Head office for take over the change .as per there convenience.
2 there was same mistake he couldn't inform/ mail to hire authority . due to his shifting works,but question is that if any body meet with accident on his last working day then..
if we are leave the LWD but after six day working he is entitle for his weekly off accordingly his LWD was Sunday .
don't see this as case my friend just see if anybody challenge to us through legal procedure then what we can as a HR.
Regards
Rajvir Singh
08192900172
From India, Chandigarh
Dear Rajvir,
I can understand your friend's case and also agree that anybody can challenge it through legal procedure. But, what will be its consequences..??
As you friend had already handed over the charge on Saturday itself and didn't went to office on Monday too, then in my view the company is right.
But, as you have mentioned in your post that your friend was just Cold & Fever, whereas now you are saying that your friend didn't able to send mail to higher authority due to his shifting work, is itself a contradictory statement..!! Although, if anybody meet with an accident then it will be a different case.
If you go legally, the decision of the management to take-over the charge on Saturday as per their convenience is ok, as it is out of control to the leaving employee. But they can took the stand that as the charge was handed over on Saturday itself, your friend didn't came on Monday knowingly, and now he is asking to pay for Sunday also, whereas his last working day was Saturday. As there was no information with them that your friend was on leave on Monday due to fever, that's why they considered Saturday as the LWD.
And your friend too don't have any proof that he was unable to come office due to fever, although he was willing to come.
Now, the decision is yours / your friend's.
From India, Delhi
I can understand your friend's case and also agree that anybody can challenge it through legal procedure. But, what will be its consequences..??
As you friend had already handed over the charge on Saturday itself and didn't went to office on Monday too, then in my view the company is right.
But, as you have mentioned in your post that your friend was just Cold & Fever, whereas now you are saying that your friend didn't able to send mail to higher authority due to his shifting work, is itself a contradictory statement..!! Although, if anybody meet with an accident then it will be a different case.
If you go legally, the decision of the management to take-over the charge on Saturday as per their convenience is ok, as it is out of control to the leaving employee. But they can took the stand that as the charge was handed over on Saturday itself, your friend didn't came on Monday knowingly, and now he is asking to pay for Sunday also, whereas his last working day was Saturday. As there was no information with them that your friend was on leave on Monday due to fever, that's why they considered Saturday as the LWD.
And your friend too don't have any proof that he was unable to come office due to fever, although he was willing to come.
Now, the decision is yours / your friend's.
From India, Delhi
I agree with Bhuwan.
It looks very suspecious when an employee does not turn up on the last working day, which again happens to be a monday.
He obviously decided to join the new company on the monday (his employer must have insisted).
Then he is making an excuse of being sick.....
And seriously, you wish to challenge a company for reducing 1 days pay during settlement ?
I am beginning to wonder on the mental sanity of the person.
Do you realise that you need to keep good relationship with the company and that you need them to give a good feedback during any background verification ? You expect cooperation in future if you are taking legal action against them for marking you absent for 1 day ?
From India, Mumbai
It looks very suspecious when an employee does not turn up on the last working day, which again happens to be a monday.
He obviously decided to join the new company on the monday (his employer must have insisted).
Then he is making an excuse of being sick.....
And seriously, you wish to challenge a company for reducing 1 days pay during settlement ?
I am beginning to wonder on the mental sanity of the person.
Do you realise that you need to keep good relationship with the company and that you need them to give a good feedback during any background verification ? You expect cooperation in future if you are taking legal action against them for marking you absent for 1 day ?
From India, Mumbai
Dear Rajvir,
You were wondering why no one responded even when 35 people viewed your message. It's because of two reasons: one, insufficient information and/or conflicting information in your two posts; two, incoherent query leading to a suspicion whether you are using your friend as a proxy for your own circumstances.
May we kindly know if you work in HR? If so, what's your role and how long have you worked in HR?
From United Kingdom
You were wondering why no one responded even when 35 people viewed your message. It's because of two reasons: one, insufficient information and/or conflicting information in your two posts; two, incoherent query leading to a suspicion whether you are using your friend as a proxy for your own circumstances.
May we kindly know if you work in HR? If so, what's your role and how long have you worked in HR?
From United Kingdom
Hi Rajvir
None of the company in india is entitled to conduct continuous 7 working days for an employee. as the working hours is 45 hours per week ( 5 & half days if 8 working hrs a day or 5 days if 9 working hrs a day). So you dont have to obey 7 working days.
However if you take 1 day leave in notice period, you should sumbit medical certificate & then should compensate it by 1 day presence or salary.
From India, Chennai
None of the company in india is entitled to conduct continuous 7 working days for an employee. as the working hours is 45 hours per week ( 5 & half days if 8 working hrs a day or 5 days if 9 working hrs a day). So you dont have to obey 7 working days.
However if you take 1 day leave in notice period, you should sumbit medical certificate & then should compensate it by 1 day presence or salary.
From India, Chennai
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