Navigating Compensation Adjustment and Termination Dispute: Expert HR Guidance - CiteHR

Anonymous
Request for Guidance on Employment and Loan Settlement Issues

I have been working with a Public Limited company since April '08, dedicating all my efforts, time, and commitment to the organization.

Performance and Recognition in Fiscal Year 13-14

During Fiscal Year 13-14, I worked diligently and was appreciated by my manager, receiving many awards as a result of my hard work and dedication. During the appraisal, I was given the highest rating of DE, which I believe was not justified in terms of salary increment and promotion. In 13-14, I received numerous awards and recognitions within my organization.

Concerns Over Promotion and Salary Increment

Contrastingly, a colleague who did not receive any awards or nominations in the same period was recently promoted and received the highest hike in our team. I perceive this as a misjudgment by the manager and HR. My colleague received a significant hike and was rated as "EE" with a promotion, an action that I consider as an insult within the team. I was misled by my manager, who made false commitments regarding my growth prospects.

Exploring New Opportunities

Due to dissatisfaction, I decided to explore other opportunities in the job market. I have resigned from my current position, and my notice period has been accepted by both my manager and HR via email.

Loan Settlement and Full and Final Settlement

During my employment, I availed a medical loan as per company policy, which was approved by my manager and HRD. I was required to submit a declaration on a Rs 100 stamp paper, stating that any outstanding loan amount can be adjusted against my salary, bonus, gratuity, provident fund, or other dues/benefits in case of termination of employment. As part of the Full and Final settlement and to clear this loan, I request my manager and HR team to settle the outstanding balance using my PF and other benefits due to me as per the company policy and the provided declaration. The company is refusing to comply and insisting on the loan settlement first. However, I am currently facing financial constraints and unable to settle the loan immediately.

Communication and Health Issues

I have communicated this to them via email but have not received a response. I have been absent from the office for the past four days due to health reasons. This morning, I received an email from my manager stating that HR has been instructed to terminate me, citing errors in my past work, which I believe to be false.

Request for Guidance

I kindly request guidance from any experienced HR professional on this matter. I have also recently interviewed with another company and have been selected, with my joining date scheduled by the end of September '14.

Regards,
Victim

From India, New Delhi
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To my knowledge, adjustments can be made against the salary, bonus, and gratuity, but not with the Provident Fund (it is designed to reach the hands of the employee only, and never can an employer access it).

However, as you have served the organization for more than 5 years (assuming there is no break in service), ask your HR team to work on the Full and Final Settlement and determine how much amount can be adjusted against the gratuity. Also, what is your company's policy on the bonus? Is the bonus included in the Full and Final Settlement as part of F&F, or is it paid on a monthly basis? If applicable, please check for bonus eligibility.

After reviewing the entire situation, you can plan for the remaining balance from either side.

Regarding the Issue of Absconding

Please inform the forum about your stipulated notice period. Out of that, how many days have you served, and did you keep your HR team informed about your sickness, either orally or via email? Can you obtain a medical certificate for your sickness? Also, do not worry; it is challenging to frame an allegation of absconding against an employee.

However, try to behave rationally with your employer as they have supported you since 2008.

"Everything happens for our own good."

Regards

From India, New Delhi
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