Hi, I have been working in a private IT firm since 9/7/2012, at a client's place. For the last 2 years, our team members have not received any salary hike. This year, on the 5th of February 2018, we all received an email from HR stating that due to project issues, our services will not be required after the 31st of March 2018. The company's notice period is 2 months as per the offer letter.
On the 26th of March 2018, I applied for emergency leave for 6 days due to my big brother's road accident. However, my manager rejected the leave. I also informed HR via email that I would not be available during this period. Additionally, I informed all client users that I would not be available during this time, and today is my last day at the client's place. I have discussed this situation with HR and my manager.
At the end of the month, they withheld my salary. Please advise on what steps I should take in this situation.
From India, Bengaluru
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On the 26th of March 2018, I applied for emergency leave for 6 days due to my big brother's road accident. However, my manager rejected the leave. I also informed HR via email that I would not be available during this period. Additionally, I informed all client users that I would not be available during this time, and today is my last day at the client's place. I have discussed this situation with HR and my manager.
At the end of the month, they withheld my salary. Please advise on what steps I should take in this situation.
From India, Bengaluru
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Dear Sahoo,
It is unfortunate to note that at the fag end of your tenure you have faced this type of contingency. However, there are two issues about your case.
HR communicated to you about the termination of your services as they did not have a project. However, in this case, HR was just a communicator, and the decision must have been taken at the highest level. The second important aspect of your case is the turning down (not rejection, please note) of your leave application by the Manager. How were your relations with the manager? Were these strained? Otherwise, there was no reason to turn down the leave application when the subordinate's brother met with an accident. How far is your duty place from the location of the company? Are these far? Whatever may be the distance, you could have gone personally and met HR and obtained approval for leave from senior authorities.
Whatever the reason for the absence may be, but if the absence is authorized, then it becomes misconduct. Nevertheless, no labor law permits withholding the employee's salary. Therefore, you may go personally and meet HR. Apologize and find out if he is helpful. If not, ask for the personal interview of the Director or MD.
It is not just last month's salary but you are eligible for the gratuity also. Therefore, you need to submit a form for gratuity.
Lastly, feedback on the quality of your post. There is no structure to your post and it is laden with grammatical and spelling mistakes. What is your plan to improve your English?
Thanks,
Dinesh Divekar
From India, Bangalore
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8032It is unfortunate to note that at the fag end of your tenure you have faced this type of contingency. However, there are two issues about your case.
HR communicated to you about the termination of your services as they did not have a project. However, in this case, HR was just a communicator, and the decision must have been taken at the highest level. The second important aspect of your case is the turning down (not rejection, please note) of your leave application by the Manager. How were your relations with the manager? Were these strained? Otherwise, there was no reason to turn down the leave application when the subordinate's brother met with an accident. How far is your duty place from the location of the company? Are these far? Whatever may be the distance, you could have gone personally and met HR and obtained approval for leave from senior authorities.
Whatever the reason for the absence may be, but if the absence is authorized, then it becomes misconduct. Nevertheless, no labor law permits withholding the employee's salary. Therefore, you may go personally and meet HR. Apologize and find out if he is helpful. If not, ask for the personal interview of the Director or MD.
It is not just last month's salary but you are eligible for the gratuity also. Therefore, you need to submit a form for gratuity.
Lastly, feedback on the quality of your post. There is no structure to your post and it is laden with grammatical and spelling mistakes. What is your plan to improve your English?
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Sir, thank you for your reply. I am currently working at the client's location in Bangalore while my company's head office is in Aurangabad. Therefore, I am unable to meet with HR in person. Additionally, a similar incident has occurred in my hometown in Odisha, making it very challenging to handle multiple situations simultaneously.
Before boarding, I handed over all official assets and documents to the Circle Head, which were physically verified by them. I had a minor disagreement with my manager and HR due to a rejected leave request. Furthermore, no basic payment was provided after my termination. What steps can I take in this situation? I struggle with English language proficiency and am currently undergoing spoken English training.
From India, Bengaluru
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Before boarding, I handed over all official assets and documents to the Circle Head, which were physically verified by them. I had a minor disagreement with my manager and HR due to a rejected leave request. Furthermore, no basic payment was provided after my termination. What steps can I take in this situation? I struggle with English language proficiency and am currently undergoing spoken English training.
From India, Bengaluru
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HR has been awkward in tackling your leave requirements. Leave requirement was for compassionate reasons and should not have been rejected. Withholding your pay goes against all principles of business dealings.
Write a polite letter to HR asking them to pay your F&F, gratuity, and to process your PF. If they fail to pay, consider sending a legal notice to the company.
From India, Pune
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Write a polite letter to HR asking them to pay your F&F, gratuity, and to process your PF. If they fail to pay, consider sending a legal notice to the company.
From India, Pune
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I am providing HR consultancy in small and medium companies. There are people working in the HR department who do not even have basic qualifications or knowledge about all that is HR. Primarily, their job is to recruit, process salaries, and handle exit formalities when an employee resigns. These are the three main activities they perform. For these activities, I do not think any special skills are required. If they have a qualification, such as MSW-HR or MBA-HR from third-rate business schools, they barely manage to pass without truly learning anything. Their learning begins through trial and error methods after joining a company. They only learn theories for passing exams. That's all.
Many companies are owned by individuals who have no knowledge about HR. Due to the fear of losing their jobs, HR personnel simply comply with the owner's directives regarding employees. That's it! Therefore, we cannot blame anyone specifically but can only sympathize with the situation. About a couple of years ago, I conducted Practical Hands-on-HR training for about six MSW-HR students from Tumkur University for around a fortnight. At the end of the training, one student remarked, "I wish our professor was at least half as knowledgeable as you are, sir. The way you trained us on crucial HR activities required by an organization, with practical examples from your own experience, was invaluable." This highlights a gap in our educational system!
From India, Bengaluru
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Many companies are owned by individuals who have no knowledge about HR. Due to the fear of losing their jobs, HR personnel simply comply with the owner's directives regarding employees. That's it! Therefore, we cannot blame anyone specifically but can only sympathize with the situation. About a couple of years ago, I conducted Practical Hands-on-HR training for about six MSW-HR students from Tumkur University for around a fortnight. At the end of the training, one student remarked, "I wish our professor was at least half as knowledgeable as you are, sir. The way you trained us on crucial HR activities required by an organization, with practical examples from your own experience, was invaluable." This highlights a gap in our educational system!
From India, Bengaluru
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