Sir,
I just resigned (Nov 23rd) from the manager post after 15 years of service on medical grounds - for both me and my family. In June, I was advised for 3 months of rest due to a spinal cord issue, but because our HR was pressuring and bullying me with psychological irritation for the last year by spying, prying, and cross-checking my every single leave, I didn't ask for the 3 months. Instead, I took one month off in July and even attended the office on critical days.
The reason for this vengeful action by HR is that my boss (Senior VP for all 15 years) assigned me a role where HR's brother was in charge, and he failed to perform adequately while I excelled and saved close to a crore for the company. Consequently, my boss fired HR's brother, but HR managed to keep his position by pleading at the top level. My boss, who is also sadistic, disturbed me during my medical leave in July with numerous assignments and instructed HR to cross-check, which was already being done.
During my review in August, it was diagnosed that I have a disc bulge/protrusion of L5-S1 and definitely need to take 3 months of rest with a medical certificate; otherwise, surgery might be necessary anytime after Aug 17th. Due to the negative experiences from previous leaves, I compromised on treatment and continued working for 3 months by teaching my team all my responsibilities. I resigned at the end of last month as I reached a breaking point, especially with HR threatening to terminate me and already laying the groundwork for it.
Our company has been vague about its policies, claiming orally that certain rules apply without clear documentation. For instance, my appointment letter from 2002 did not mention a notice period, and I was once asked to resign in 2005 without any notice pay or period. Accumulated leave was not encashed or credited to employees annually or once every three years, keeping it capped at 120 days, even if an employee had more days accrued.
Regarding variable pay, there have been inconsistencies, such as being promised Rs. 10,000 for vehicle maintenance in a letter in 2013 but only receiving Rs. 2,000 when claimed, citing it was meant for four-wheelers only. Medical benefits and leave encashment were also not honored, with all unused leaves considered forfeited at exit, regardless of the accrued days. The current policy demands serving a 90-day notice period or paying for it, if allowed.
Despite being promoted from Assistant Manager to Manager last year after seven years, there was no increase in basic pay, which had remained stagnant for several years. Given my deteriorating health, I tendered my resignation after explaining the situation to my boss, even offering 15 days on my own initiative, which he questioned as to why it was delayed. Upon directing me to HR, they now demand payment for the remaining 90 days of notice period orally, despite my having around 30 days of leave. They have also withheld my November salary, along with a few working days in December, intending to adjust the balance with my unused medical and vehicle benefits.
My boss continues to extract work from me in the same manner, while I maintain professionalism and dedication to my tasks. Additionally, marital issues arose due to my overcommitment to work, leading my wife to contact HR and my boss in February without understanding the complexities at the office, which only made matters worse for me. Despite these challenges, I have complied with all requests without resistance.
I am now seeking new job opportunities as I cannot commit to another company with such a problematic exit process. HR refuses to provide written communication, preferring to handle matters orally, while my boss remains uninvolved, delegating tasks without addressing concerns. I seek advice on achieving a clean exit – can an employer withhold salary verbally? Are management staff not entitled to leave encashment or a waiver of the notice period, even on medical grounds? Shouldn't a promotion come with a basic pay increase?
I have been following discussions on citehr, where similar situations have been discussed, and I am concerned about potential retaliation from HR if I were to seek advice openly. Can't my experience and groundwork ensure a swift and amicable departure?
Please advise or offer some consolation.
From India, undefined
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1I just resigned (Nov 23rd) from the manager post after 15 years of service on medical grounds - for both me and my family. In June, I was advised for 3 months of rest due to a spinal cord issue, but because our HR was pressuring and bullying me with psychological irritation for the last year by spying, prying, and cross-checking my every single leave, I didn't ask for the 3 months. Instead, I took one month off in July and even attended the office on critical days.
The reason for this vengeful action by HR is that my boss (Senior VP for all 15 years) assigned me a role where HR's brother was in charge, and he failed to perform adequately while I excelled and saved close to a crore for the company. Consequently, my boss fired HR's brother, but HR managed to keep his position by pleading at the top level. My boss, who is also sadistic, disturbed me during my medical leave in July with numerous assignments and instructed HR to cross-check, which was already being done.
During my review in August, it was diagnosed that I have a disc bulge/protrusion of L5-S1 and definitely need to take 3 months of rest with a medical certificate; otherwise, surgery might be necessary anytime after Aug 17th. Due to the negative experiences from previous leaves, I compromised on treatment and continued working for 3 months by teaching my team all my responsibilities. I resigned at the end of last month as I reached a breaking point, especially with HR threatening to terminate me and already laying the groundwork for it.
Our company has been vague about its policies, claiming orally that certain rules apply without clear documentation. For instance, my appointment letter from 2002 did not mention a notice period, and I was once asked to resign in 2005 without any notice pay or period. Accumulated leave was not encashed or credited to employees annually or once every three years, keeping it capped at 120 days, even if an employee had more days accrued.
Regarding variable pay, there have been inconsistencies, such as being promised Rs. 10,000 for vehicle maintenance in a letter in 2013 but only receiving Rs. 2,000 when claimed, citing it was meant for four-wheelers only. Medical benefits and leave encashment were also not honored, with all unused leaves considered forfeited at exit, regardless of the accrued days. The current policy demands serving a 90-day notice period or paying for it, if allowed.
Despite being promoted from Assistant Manager to Manager last year after seven years, there was no increase in basic pay, which had remained stagnant for several years. Given my deteriorating health, I tendered my resignation after explaining the situation to my boss, even offering 15 days on my own initiative, which he questioned as to why it was delayed. Upon directing me to HR, they now demand payment for the remaining 90 days of notice period orally, despite my having around 30 days of leave. They have also withheld my November salary, along with a few working days in December, intending to adjust the balance with my unused medical and vehicle benefits.
My boss continues to extract work from me in the same manner, while I maintain professionalism and dedication to my tasks. Additionally, marital issues arose due to my overcommitment to work, leading my wife to contact HR and my boss in February without understanding the complexities at the office, which only made matters worse for me. Despite these challenges, I have complied with all requests without resistance.
I am now seeking new job opportunities as I cannot commit to another company with such a problematic exit process. HR refuses to provide written communication, preferring to handle matters orally, while my boss remains uninvolved, delegating tasks without addressing concerns. I seek advice on achieving a clean exit – can an employer withhold salary verbally? Are management staff not entitled to leave encashment or a waiver of the notice period, even on medical grounds? Shouldn't a promotion come with a basic pay increase?
I have been following discussions on citehr, where similar situations have been discussed, and I am concerned about potential retaliation from HR if I were to seek advice openly. Can't my experience and groundwork ensure a swift and amicable departure?
Please advise or offer some consolation.
From India, undefined
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It's evident that you've faced challenging circumstances leading up to your resignation, and it's crucial to address the issues you've encountered during this process. Here are some practical steps and insights to consider:
Understanding Legal Rights and Entitlements:
- In India, labor laws protect employees' rights, including entitlements to notice periods, leave encashment, and salary payments.
- An employer cannot withhold your salary without a valid reason or agreement. It's essential to review your employment contract and company policies regarding salary payments.
- Management staff, like all employees, are typically entitled to leave encashment and may be eligible for a waiver of the notice period, especially in cases of medical grounds. Consult relevant labor laws and your employment contract for clarity on these entitlements.
- A promotion should ideally come with a basic pay increase. If this was not implemented in your case, it could be a breach of employment terms. Review your promotion letter and company policies to understand your entitlements.
Navigating the Exit Process:
1. Document Everything: Keep records of all interactions with HR and your boss, including emails, messages, and any written communication.
2. Seek Clarification: Request written clarification on the company's policies regarding notice periods, leave encashment, and salary payments.
3. Consult Legal Support: Consider seeking legal advice to understand your rights and options in this situation.
4. Negotiate Amicably: Try to engage in constructive dialogue with HR to reach a mutually agreeable resolution for your exit process.
5. Focus on Your Well-being: Prioritize your health and well-being during this transition period. Take necessary steps to address your medical condition and seek support if needed.
Moving Forward:
- Explore new job opportunities that align with your career goals and values.
- Maintain professionalism and integrity in all your interactions with your current employer, despite the challenges you've faced.
- Consider networking with professionals in your industry for potential job leads and support during your job search.
- Reflect on the lessons learned from this experience to ensure a smoother transition in your future endeavors.
Remember, it's essential to prioritize your well-being and rights during this challenging period. Seek support from trusted individuals and professionals to navigate this process effectively.
From India, Gurugram
Acknowledge(0)Amend(0)
Understanding Legal Rights and Entitlements:
- In India, labor laws protect employees' rights, including entitlements to notice periods, leave encashment, and salary payments.
- An employer cannot withhold your salary without a valid reason or agreement. It's essential to review your employment contract and company policies regarding salary payments.
- Management staff, like all employees, are typically entitled to leave encashment and may be eligible for a waiver of the notice period, especially in cases of medical grounds. Consult relevant labor laws and your employment contract for clarity on these entitlements.
- A promotion should ideally come with a basic pay increase. If this was not implemented in your case, it could be a breach of employment terms. Review your promotion letter and company policies to understand your entitlements.
Navigating the Exit Process:
1. Document Everything: Keep records of all interactions with HR and your boss, including emails, messages, and any written communication.
2. Seek Clarification: Request written clarification on the company's policies regarding notice periods, leave encashment, and salary payments.
3. Consult Legal Support: Consider seeking legal advice to understand your rights and options in this situation.
4. Negotiate Amicably: Try to engage in constructive dialogue with HR to reach a mutually agreeable resolution for your exit process.
5. Focus on Your Well-being: Prioritize your health and well-being during this transition period. Take necessary steps to address your medical condition and seek support if needed.
Moving Forward:
- Explore new job opportunities that align with your career goals and values.
- Maintain professionalism and integrity in all your interactions with your current employer, despite the challenges you've faced.
- Consider networking with professionals in your industry for potential job leads and support during your job search.
- Reflect on the lessons learned from this experience to ensure a smoother transition in your future endeavors.
Remember, it's essential to prioritize your well-being and rights during this challenging period. Seek support from trusted individuals and professionals to navigate this process effectively.
From India, Gurugram
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