hi i have resigned my job 15 days prior and have received acknowledgement email from the regional manager, The actual notice period to serve was 1 month.
REASON FOR MY RESIGNATION :My husband is in Orissa and i live in Hyderabad, unfortunately he had a severe heart attack, and as my job role is very responsible, i had sent my parents and i had to come to my office for one week to hand over the complete status to my collegue, and then went for leave to attend my husband . i returned back and now the HR says, as i am not supposed to take any leave in NOTICE period, the incentives would not be paid. i should be paid about 1.8 lacs.
QUERY : is there any rule where a person on sudden unfortunate cricumstances can take the leave in notice period ?
From India, Bangalore
1REASON FOR MY RESIGNATION :My husband is in Orissa and i live in Hyderabad, unfortunately he had a severe heart attack, and as my job role is very responsible, i had sent my parents and i had to come to my office for one week to hand over the complete status to my collegue, and then went for leave to attend my husband . i returned back and now the HR says, as i am not supposed to take any leave in NOTICE period, the incentives would not be paid. i should be paid about 1.8 lacs.
QUERY : is there any rule where a person on sudden unfortunate cricumstances can take the leave in notice period ?
From India, Bangalore
Dear Savya,
The answer to your query depends upon the conditions stipulated for the notice of resignation. If there is a specific condition that the resigning employee would not be permitted to avail of any leave while serving the notice period, the contention of the HR will be correct to the extent that you are not supposed to avail of any leave during notice period. But, it would not be correct to entirely forfeit the incentives earned for the service rendered in the past. After all, rules are not God-given but man-made only for the sake of smooth functioning of the system. When the husband is critically ill in a far away place, how anyone even with a minimum of common sense and empathetic consideration could expect the wife to be so indifferent? Better, make a representation to your top management for waiving this as a special case at least by adjusting the salary for the leave period against your terminal benefits, if any.
From India, Salem
The answer to your query depends upon the conditions stipulated for the notice of resignation. If there is a specific condition that the resigning employee would not be permitted to avail of any leave while serving the notice period, the contention of the HR will be correct to the extent that you are not supposed to avail of any leave during notice period. But, it would not be correct to entirely forfeit the incentives earned for the service rendered in the past. After all, rules are not God-given but man-made only for the sake of smooth functioning of the system. When the husband is critically ill in a far away place, how anyone even with a minimum of common sense and empathetic consideration could expect the wife to be so indifferent? Better, make a representation to your top management for waiving this as a special case at least by adjusting the salary for the leave period against your terminal benefits, if any.
From India, Salem
Sir Thanks for the suggestion. I have few more clarifications to be cleared sir.
1. At the time of joining, we were asked to sign Hr policies, but in it no where it is mentioned that we are not supposed to take leave during reliving period.
And my salary was deducted for 9 days. Including Sundays, Christmas, and three casual leaves which were carry forwarded from previous months. We have one casual leave a month and I have not avaledhu any leave for three months continously.
My attendance scan copy is attached for your referece
my salary is 42000. I was paid 29806/-
2. Before they paid anything to me I was sent an email to sign ful and final settlement form. Though I dint sign it as my incentives of 1 lac 80 thousand were due along with my salary.
3 I called the Hr and asked her about my salary & incentives, clarification, she says "That is what you are going to get." becoz you have not served the notice period of one month. I tried explaining her when my husband is not well how can a employee serve one month notice period? She just put down the phone.
Sir please suggest.
From India, Bangalore
1. At the time of joining, we were asked to sign Hr policies, but in it no where it is mentioned that we are not supposed to take leave during reliving period.
And my salary was deducted for 9 days. Including Sundays, Christmas, and three casual leaves which were carry forwarded from previous months. We have one casual leave a month and I have not avaledhu any leave for three months continously.
My attendance scan copy is attached for your referece
my salary is 42000. I was paid 29806/-
2. Before they paid anything to me I was sent an email to sign ful and final settlement form. Though I dint sign it as my incentives of 1 lac 80 thousand were due along with my salary.
3 I called the Hr and asked her about my salary & incentives, clarification, she says "That is what you are going to get." becoz you have not served the notice period of one month. I tried explaining her when my husband is not well how can a employee serve one month notice period? She just put down the phone.
Sir please suggest.
From India, Bangalore
""I tried explaining her when my husband is not well how can a employee serve one month notice period? She just put down the phone.""
Please take up your concerns with top management.
Dropping the phone when you are telling a seious personal problem is height of insensivity.
From India, Pune
Please take up your concerns with top management.
Dropping the phone when you are telling a seious personal problem is height of insensivity.
From India, Pune
Dear Savya,
It is indicative of the callousness of the entire organization. Anyway, since you've parted ways it would be wiser to explore the means of getting what was legally due for the services you rendered prior to resignation. I don't know whether you were employed in the category of workman under the Industrial Disputes Act,1947 or in supervisory or administrative cadre. If it was in workman category, you can recover whatever amount legally due to you including incentive from the employer by way of filing a claim u/s 33C(2) of the ID Act before the appropriate Labour Court and infact it would be a quicker and easier remedy; otherwise, you can institute a civil suite for the amounts. Better consult an advocate and issue a legal notice to the employer immediately.
From India, Salem
It is indicative of the callousness of the entire organization. Anyway, since you've parted ways it would be wiser to explore the means of getting what was legally due for the services you rendered prior to resignation. I don't know whether you were employed in the category of workman under the Industrial Disputes Act,1947 or in supervisory or administrative cadre. If it was in workman category, you can recover whatever amount legally due to you including incentive from the employer by way of filing a claim u/s 33C(2) of the ID Act before the appropriate Labour Court and infact it would be a quicker and easier remedy; otherwise, you can institute a civil suite for the amounts. Better consult an advocate and issue a legal notice to the employer immediately.
From India, Salem
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07 Resignation, Retirement & Terminal Benefits.pdf
Flexi Benefits Plan.doc
Company Profile.ppt