Asking to pay for getting experience letter
Siddiqa
(Querist) 01 July 2014
This query is : Resolved
Hi ,
I was working with a pvt firm from past 3 yrs . I needed 10 working days leaves for piligrim visit with my family for that I informed my TL & HR a month before but after up & down end of the month they told me they cant give me leaves as its a busy season and when i asked for an alternated they said no alternative but you shld not go.
I informed the same at home and they got angry and asked me to put down my papers coz after working for 3 yrs they are not giving me 10 days leaves :-(
when i informed the same to the HR team then asked me to pay 45K (2 months salary) cos i dint serve my notice.
i asked them to waive as i cant afford to pay such a huge amount then said no. I also asked if not wi come back and serve notice that also they dint agree.
my brother requested the HR to take me back as we are having financial problesm but she said she weill check and no reply. We took money on interest and my er requested them to brother called HR to ask when can we come and pay and she said not required will check and get back to you and till now my brother was following with the HR and she replies wil get back to you.
When i called and checked HR told that they need to check and when i asked for an alternative she said u hav to pay ur dues in spite she is aware we cant.
Plz help i cant pay 45K to get the releavings and i m ready to join back the company.
Thanks in advance
Siddiqa
Kumar Doab
(Expert) 01 July 2014
>>>Usually leave for pilgrimage is compassionately considered.
It is also an opinion that leave is not a matter of right.
However you may post some information that shall be useful for you.
Notice period is not dependant upon the T&C inserted by employer in appointment letter alone.
>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?
It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.
What is its line of business; IT, banking etc?
You are in which state?
Does company have an office at your location?
Does company have an office where you are right now with your family?
Redg. office of the company is in which state?
How many employees are employed in it?
What is your designation and nature of duties?
Has your service been confirmed in writing?
Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?
Did you submit notice of resignation or resignation with immediate effect?
Has your resignation been accepted?
A.K.PRASAD
(Expert) 01 July 2014
Hello Dear,
I am assuming you in non-worker category as per Industrial Dispute Act & suggest you not to put the resignation letter to the company and keep going to the organisation as usual and see what is your employer reaction. If they do not allow to enter the office premises then ask them to serve the applicable legal notice period to you and allow to work during notice period or alternatively ask for payment from them in lieu of notice period.
However, if you have served the notice period then your employer has right to deduct the notice period amount, as per agreement between both parties, from balance payout to you.
However, if you falls under worker category under said act then you should refer the matter to "Redressal Grievance Machinery" created by your employer, and asked from them to reinstate you in job ("Redressal Grievance Machinery" is compulsory if the no. of workmen in your organisation is 20 or more than that and if your organisation falls under definition of Industrial establishment under aforesaid act)
Thanks
Awadh Kishore Prasad
E: csprasdak@gmail.com
Siddiqa
(Querist) 01 July 2014
Hi
It's a finance /auditing firm and located in Bangalore .
I was working there from 3 yrs and I m a confirmed employee.
Yes I submitted my resignation after al the drama and it was accepted by my TL.
If they would hav informed on the same day then I would hav served one month and then payed for one month but it's company and HR who made me to quit with giving me an alternative so why should I pay.
No where is offer letter it's mentioned that we can't take leaves during buzy season.
During season we work 10.5 hours n also on Saturday 8 hours without being extra paid.
I informed my TL n HR on first working day of Feb2014 tat I need leave as we are going out of country they mDe me go from desk to desk n on 28 Feb they informed me they can't coz of busy season and in spite of me askin they dint give me alternative just told we can't give you leaves so u can't go .
I was forced to put down my papers just because the AM. TL , HR , HR Manager , senior manager n head of the firm dint agree .
I dint want to quit n told the same to HR but they mAde me to quit and asked me to pay 45,000 to get my releavings. I told will come back n serve my notice cos I can't pay but they dint agree.
After coming back my brother requested the HR to take me back as we can't afford to pay and we r financially down.
She said she will check and get back to him form March to June 2014 and when today I spoke she said I have to clear my dues n she don't think I can join back.
I m from a middle class family and told my problem but she said No on my face directly without considering my such a long service
Plz help and thanks In advance
Siddiqa
(Querist) 02 July 2014
Hi Prasad,
I have already applied for my resignation online in office and my TL approved it but it's pending coz I dint complete all the formalities
A.K.PRASAD
(Expert) 03 July 2014
If you have applied for resignation then it will be treated as complete on your part.
Siddiqa
(Querist) 03 July 2014
Hi Prasad,
But my HR is saying I have to clear all the dues to get my releavings n to release my PF 😔
Kumar Doab
(Expert) 03 July 2014
>>> You have not replied to many points raised in previous post.
Has the company issued any appointment letter and stated notice period/pay in it?
If yes what is it?
If company has not issued any appointment letter then you can claim violation of the rules by company and also that no such clause of notice period/pay was ever accepted by you.
Did you submit leave application and do you have copy and acknowledgment or did you cover it in minutes that you had gone with leave application and same was not received and acknowledged and verbally grant of leave was refused and despite your representations no written reply was sent? If you have sent leave application (that was not received in office by hand by sanctioning authority) by ordinary post attach a copy.
Hope you can read between the lines.
OT is payable and employee should claim OT in reasonable period of time.
If you have evidence then it shall be good.
>>> Record all calls/meetings (audio/visual).
Now don’t resort to verbal communications.
>>>Did you resign with immediate effect or did you submit notice of resignation?
Did you mention reason of resignation in notice/resignation or subsequent communications?
Is your TL competent person to accept resignation……………….made competent by Board of the company? Probably NO hence the comments of TL shall at the most be acknowledgment of resignation and his role shall be restricted to just forward it.
You don’t need to ask HR on joining back or acceptance of resignation.
If resignation is not accepted and supplied to you then you can withdraw it before acceptance……………………………….
If you have tendered notice of resignation then company can not accept resignation before expiry of notice period, tendered by you.
>>>The company should be covered by Karnataka Shops and Commercial Establishments Act……………………….and leave policy should be framed in consultation with employees/representatives of employees………………The company has to maintain record of each leave applied and declined……………
You may go thru:
Sec;2(e,g,h,k,w),3,6A,7,8,9,11,12,
15: Annual Leave with wages:……(1)…………….Every employee…………………shall be allowed to such leave…………….
(8) An employee at any time may apply…………………….not less than 10 days before…………………….
(12) An application of leave that does not contravene provisions of Sub section(8) shall not be refused……………….
This can be claimed that the Non Approval of Leave applied 10 days in advance is misconduct/Transgression on the part of Line Mangers/HR personnel…………..
It can also be claimed that instead of making themselves liable for penultimate action they coerced employee to resign…………
18,21,26,27,29,34
39: Notice of Dismissal; Notice Period is max. 1 month.
(Longer notice period shall be detrimental to your interest and beneficial to interest of employer.)
>>> Standing Orders might also be applicable and if these are not certified Model Standing Orders shall apply………………….
You may go thru Sec9-18.
>>> If shall be appropriate to consult a local labor Consultant/Service lawyer and proceed under expert advise of your lawyer.
Kumar Doab
(Expert) 03 July 2014
PF;
Addressed in another thread initiated by querist at:
http://www.lawyersclubindia.com/experts/PF-withdrawal-without-employer-s-sign-481606.asp#.U7VHMJSSwb8
After this you need to Act in all matters posted by you and advised by experts.
Better approach your labor consultant/service lawyer.
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
Your query has been properly addressed by experts above, nothing more to add except to remind you to maintain some level of decency while addressing the experts here, 'hi' can be used with people at your level and not with the experts here.
V R SHROFF
(Expert) 04 July 2014
U NEED 10 DAYS LEAVE!!
WHO STOPS YOU FALLING SICK???
