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pankaj patil   12 January 2017

Employer forcing to serve np than what is legally mentioned

Hi,

This is Pankaj Patil.  

 

I have resigned from my current employer. I was in commitment of 2 years. I am serving NP of 2 months. My HR is extending my NP by 1 months i.e total 3 months. But my new employer wants me to join after 2 Months of NP. She is giving me the reason of Leave that i have taken at the time of marriage and when i was hospitalized due to dengue. Will i get releaving letter after 2 Months of NP??? What if not releaving after 2 months???



Learning

 8 Replies

Kumar Doab (FIN)     12 January 2017

Pls don’t use abbreviations and write full words.

Is NP= Notice Period?

Has HR person stated in writing that your Notice Period shall increase by 1 month?

What is this commitment period?

What is the ground for it?

On basis of what extra Ordinary benefit this clause/agreement, drafted by employer and signed with employee?

Do you have copy of the clause/agreement on this commitment period?

Is it stated in this clause/agreement on commitment period: that it shall increase proportionately if any leave is taken?

Do you have copy of leave applications, leave approval, leave policy, appointment letter showing Notice period, resignation/termination/exit policy of the company?

 

Do you have copy of notice of resignation, its acknowledgment by company, proof of delivery, POD?

 

Post full details of the matter.

pankaj patil   12 January 2017

Hi,

i got this reply on my resignation -


"During employment you have been on very frequent absenteeism which has exceeded the allocate leave balance due 
to health reasons & other personal reasons. 
Off course your non availability has created the gaps in the project but still we considered and manage 
to deliver the deliverable with the existing team . We had couple of times discussed with you to reduce personal 
leave application but you haven't . Keeping in view of above scenario , we advice you to extend the NP by 1m or so.
We are  acknowledging the same.
Note :- NP no leaves are accepted in case any applied same no of days will be added to notice period."

 

 

Is NP= Notice Period? - Yes

Has HR person stated in writing that your Notice Period shall increase by 1 month?- Yes

What is this commitment period? - 2 Years as per appointment letter .

 

Do you have copy of the clause/agreement on this commitment period?-Yes.

Is it stated in this clause/agreement on commitment period: that it shall increase proportionately if any leave is taken? -No it is not mentioned .

Do you have copy of leave applications, leave approval, leave policy, appointment letter showing Notice period, resignation/termination/exit policy of the company? -Yes i have appoinyment letter showing "notice period of Minimum 2 months and applicable after date of joining ." Dont have leave applications as  proof.

  Do you have copy of notice of resignation, its acknowledgment by company, proof of delivery, POD-Yes , i have proof via email.

 

 

 

 

Kumar Doab (FIN)     12 January 2017

From your last post:

To me it appears as simple as that:

 

The HR person has exceeded its jurisdiction; since he/she has accepted that NO tasks are pending at your end and all leaves are approved, as on date of his/her email.

It is but natural that if employee is sick and on approved leave the employer or anyone employed/designated by employer attends to the tasks.

In case HR person is on approved leave; even you or any one designated by employer can be assigned to do a job in HR.

Sickness is Not Misconduct.

Application for leave is Not Misconduct.

If employee is absent due to sickness, it is Not Misconduct.

If employee is absent due to approved leave, it is Not Misconduct.

Your contract of employment/appointment letter/leave policy must have narrated the provision of leave/approved leave/leave on LOP etc etc……………

Your appointment letter/committement clause does not bind you to increase notice period.

The HR person can make a request but cannot command/order and/or increase notice period to 1 month or……………. SO…………………….and this “SO” cannot be infinite.

Is this HR person your employer or authority to sign your appointment letter/amend service conditions/terminate/issue relieving leter?

 

Do you have offer letter sent by next employer?

Did you mention notice period of 60days in employment application to next employer?

Have you accepted the offer letter?

Has HR person threatened to issue adverse comments or block relieving letter?

 

 

 

 

 

pankaj patil   12 January 2017

Is this HR person your employer or authority to sign your appointment letter/amend service conditions/terminate/issue relieving leter? -Yes  

Do you have offer letter sent by next employer? -Yes

Did you mention notice period of 60days in employment application to next employer? -yes

Have you accepted the offer letter? -Yes

Has HR person threatened to issue adverse comments or block relieving letter?-Not Yet 

I replied to her mail as :-

 

 "As per the Appointment Letter, Notice period will be 2 months and will be implemented after the date of joining. With this regard,i have completed  2 years on 8th December 2016 with company and i am serving the  Notice period from date 21st December 2016 to 21 February 2017. In appointment letter ,it is not mentioned  that with excess in leaves,then Notice Period will get increase.
Couple of times, i discussed my health issues with HR and manager. It was really not possible for me to work during my health issues . 
When i was suffering from dengue, i hospitalized for 4 days. after that doctor advised me to take rest for at least month but i joined within 10 days even though i was not properly recovered from dengue. I have paid for the excess leaves. As per my resignation Acknowledgement, I am ready to give all handover to Mr. shailesh before completion of Notice period. 
               I have given commitment to next company. It is not possible for me to extend the Notice Period. I don't have to loose my opportunity due to additional increase in notice period. 21 st February 2017 will be my last working day .
 
  So please do proper arrangements to make transition smooth. I will be available for any kind of help in future."

Kumar Doab (FIN)     12 January 2017

You seem to have done your home work and have replied to the HR person, appropriately.

 Apply your skills with HR person and convince him/her to be reasonable and accept your hardship and inability to extend notice period and that you have fulfilled the committment period 2 years and to serve notice period of 60days.

 

 

Although HR person has already sent pointers to you on its unhappiness, dissatisfaction that you may need to counter.

You may draft as suitable since you are closest to employer and facts.

What exactly is stated in exit policy?

 

You may add that NO stinkers/memo has ever been issued to you and your conduct and performance has been appreciated,  as on date NO tasks are pending at your end and tasks during notice period may be assigned that can be completed on day to day basis within and upto expiry of ‘Notice Period’ i.e. dated;…………….and all exit formalities be completed with and upto upto expiry of ‘Notice Period’ i.e. dated;…………….and that you shall handover the charge/assets upto expiry of ‘Notice Period’ i.e. dated;…………….under proper acknowledgment ON the spot.

And necessary arrangements be made so as to provide you on LWD i.e. dated:…………… the: acknowledgment and acceptance of final resignation, service certificate, relieving letter (with good comments on conduct and performance and citation of rewards/awards/ etc ), correct FnF statement (showing computation of earned wages/leave encashment/incentives/OT/bonus/Gratuity etc etc ), Form16 as per correct FnF statement, NOC/NDC, acknowledgment of handover of charge, PF a/c slips of each year, salary slips of all  months, etc etc      

 

 

Kumar Doab (FIN)     12 January 2017

You have posted that:

I have paid for the excess leaves”

How was this paid: in cash/cheque/DD or by adjustment in salary slip?

What was the rate of leave adjustment; Basic, Basic + DA, Gross, CTC etc?

At what rate employers leave encashment: Basic, Basic + DA, Gross, CTC etc?

 

You may also post:

What is this establishment; Commercial/Industrial?

What is its line of business?

You are in which state?

The HO/Redg. Office/Corporate office is in which state?

What is your designation and nature of duties on record and in practice?

Do you have any power to sanction (not just recommending) leave/increment/ appoint/terminate etc?

Can anyone amend your recommendations?

How many persons report to you?

For how many months you shall be working?

How many persons are employed in the establishment?

Does it have its certified standing orders and is your designation covered by it?

Or do Model Standing Orders apply?

Was ever any stinker/memo/SCN issued to you and did you satisfactorily reply to it? Thereafter was it withdrawn, closed?

 

Are you a member of employees/trade unions?

 

Shall next employer absorb you without relieving letter?

Does next employer press for relieving letter, BGV?

Are you confident that next employer shall absorb you without relieving letter?

Will it give you copy of BGV report?

 

 

pankaj patil   13 January 2017

Hi,
 Thanks for Your reply....

“I have paid for the excess leaves”

 How was this paid: in cash/cheque/DD or by adjustment in salary slip?-Adjustment in salary(Total salary/month - per day salary*NoOfLeavestakenInMonth)

 At what rate employers leave encashment: 50% of Basic 
   What is this establishment; -Industrial
 What is its line of business?-Software Services(banking Domain)
 You are in which state-Maharashtra
 The HO/Redg. Office/Corporate office is in which state:-Belapur,Navi mumbai,maharashtra
 What is your designation and nature of duties on record and in practice:-As a Software Developer.
Do you have any power to sanction (not just recommending) leave/increment/ appoint/terminate etc? -No
Can anyone amend your recommendations? -Dont have any idea
How many persons report to you?-NO
 For how many months you shall be working?- on Dated 8th december 2016, completed 2 years. 8 dec to 20 st=>12 days i worked beyond commitment of 2 yrs.On 21 december i resigned and on 21 february will be my last day as per rule,so total working days  will be 62 during Notice Period. 
 How many persons are employed in the establishment?-More than 100
 Does it have its certified standing orders and is your designation covered by it? Or do Model Standing Orders apply?-NO
 Was ever any stinker/memo/SCN issued to you and did you satisfactorily reply to it?-NO
 Thereafter was it withdrawn, closed?-NO
   Are you a member of employees/trade unions?-NO
   Shall next employer absorb you without relieving letter?-Yes
 Does next employer press for relieving letter, BGV-I already told the condition ,she said its k , you can join after 3 months. But i am trying to satisfy HR to relieve with 2 months of legal Notice Period.
 Are you confident that next employer shall absorb you without relieving letter?-Yes, but it will affect my future Career,right?
 Will it give you copy of BGV report?-No idea.

Eddie E. Lahti   04 October 2022

Employer forcing to serve than what is legally mentioned its bad


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