On or before means any working day, he can join the office but not off day. So he should be paid from the 23rd September i.e. date of joining the company. If Somebody resides farther place, he may start the journey 2-3 days, it does not mean, he should be paid salary for the journey period.
From India, Mumbai
2From India, Mumbai
Dear BC.Arya
The Argument of your ABO, to treat the day of journey as the day of joining has no justification. In ordinary circumstances,unless and otherwise specified, the actual date of Reporting for duty is "the day of joining". No doubt management might have reimbursed the Traveling expenses as a matter of policy, but it doesn't mean that he has already joined the duty. Your ABO has erred in his judgement.
SPKR
From India, Bangalore
The Argument of your ABO, to treat the day of journey as the day of joining has no justification. In ordinary circumstances,unless and otherwise specified, the actual date of Reporting for duty is "the day of joining". No doubt management might have reimbursed the Traveling expenses as a matter of policy, but it doesn't mean that he has already joined the duty. Your ABO has erred in his judgement.
SPKR
From India, Bangalore
Hello Bcarya
In the instant case, his date of joining will be 23-9-2013 i.e the date on which he reported to your Zonal office for joining formalities.There cannot be any doubt about it. If he were in Arunachal Pradesh, he would have started four days ago to reach Hyderabd . In such case would his date of joining be 19-9-13 and would he be entitled to salary from theat date? What about another ABO candiadte selected from Hyderabd? he would have reported Zonal office at HYD on the same date i.e 23-9-13 and in his case the date of joining would be 23-9-13. Can there be two different dates of joining for two candidates who repoted for duty on the same day.It is an absurd argument of ABO and does not even deserve a glance..
B.Saikumar
HR & Labour law Advisor
From India, Mumbai
In the instant case, his date of joining will be 23-9-2013 i.e the date on which he reported to your Zonal office for joining formalities.There cannot be any doubt about it. If he were in Arunachal Pradesh, he would have started four days ago to reach Hyderabd . In such case would his date of joining be 19-9-13 and would he be entitled to salary from theat date? What about another ABO candiadte selected from Hyderabd? he would have reported Zonal office at HYD on the same date i.e 23-9-13 and in his case the date of joining would be 23-9-13. Can there be two different dates of joining for two candidates who repoted for duty on the same day.It is an absurd argument of ABO and does not even deserve a glance..
B.Saikumar
HR & Labour law Advisor
From India, Mumbai
Dear BCarya
You have already gone through the comments, which are perfectly correct.
As an HR, you"ll keep on hearing such absurd requests, demands or threats from employees. you need to be firm and work according to the established rules.
Another thing that surprises me is that in private sector, companies are notorious for denying even the legal dues to their employees. we keep on reading such case studies everyday; also people complain about the negative attitude of HRs when it comes to employee benefit.
And here is a newly-joined employee who is trying to arm-twist you !!
I generally take the sides of the employees; but in this case I would also suggest that you verbally warn the employee that any such demands in future would be viewed seriously as it hampers the peaceful and harmonious atmosphere in the office and might motivate others to make such unlawful demands. Further, keep him under your watch-list, as he is prone to create further trouble.,
Warm regards.
From India, Delhi
You have already gone through the comments, which are perfectly correct.
As an HR, you"ll keep on hearing such absurd requests, demands or threats from employees. you need to be firm and work according to the established rules.
Another thing that surprises me is that in private sector, companies are notorious for denying even the legal dues to their employees. we keep on reading such case studies everyday; also people complain about the negative attitude of HRs when it comes to employee benefit.
And here is a newly-joined employee who is trying to arm-twist you !!
I generally take the sides of the employees; but in this case I would also suggest that you verbally warn the employee that any such demands in future would be viewed seriously as it hampers the peaceful and harmonious atmosphere in the office and might motivate others to make such unlawful demands. Further, keep him under your watch-list, as he is prone to create further trouble.,
Warm regards.
From India, Delhi
Resp. All,
Thank you for your valuable guidance.
I would like to specially thank Raj Kumar Hansdah Sir, that you took interest in this post and expressed your view and given guidance in this matter.
Sir, In my carrier till date as I am looking after all Compliance and Legal matters, I always help the employees to get their all legal benefits and support them all the way from joining to till its service period and thereafter also, which is necessary for a good HR Personnel. For that, sometime I need to oppose my higher management also and explain them the pits and falls of these issues and I am also happy with the higher management that each and every time they accepted my views and complied as I advised, and I'll always do the same.
Thanks once again to you sir.
From India, Delhi
Thank you for your valuable guidance.
I would like to specially thank Raj Kumar Hansdah Sir, that you took interest in this post and expressed your view and given guidance in this matter.
Sir, In my carrier till date as I am looking after all Compliance and Legal matters, I always help the employees to get their all legal benefits and support them all the way from joining to till its service period and thereafter also, which is necessary for a good HR Personnel. For that, sometime I need to oppose my higher management also and explain them the pits and falls of these issues and I am also happy with the higher management that each and every time they accepted my views and complied as I advised, and I'll always do the same.
Thanks once again to you sir.
From India, Delhi
Dear Mr.Bhuwan C.Arya,
The day he reported for work at the Zonal office i.e 23.09.2013 is his Date of Joining. As advised by other members it is advisable to clear the ambiguity at the time of joining itself by seeking a Joining report from the new entrant. The joining report shall mention the Date of Joining (in this case 23.09.2013). So the confusion over the Date of Joining could have been cleared at that point of time itself.
The other aspect that could have arisen in the mind of the employee is, he was reimbursed the travelling expenses prior to his joining. In fact you have followed the procedure of reimbursement correctly.
If he raises such a query please advise him as per company policy the travel expenses for those who undertake travel for attending interviews/ joining etc is reimbursed.
Regards
M.V.Kannan
From India, Madras
The day he reported for work at the Zonal office i.e 23.09.2013 is his Date of Joining. As advised by other members it is advisable to clear the ambiguity at the time of joining itself by seeking a Joining report from the new entrant. The joining report shall mention the Date of Joining (in this case 23.09.2013). So the confusion over the Date of Joining could have been cleared at that point of time itself.
The other aspect that could have arisen in the mind of the employee is, he was reimbursed the travelling expenses prior to his joining. In fact you have followed the procedure of reimbursement correctly.
If he raises such a query please advise him as per company policy the travel expenses for those who undertake travel for attending interviews/ joining etc is reimbursed.
Regards
M.V.Kannan
From India, Madras
Me thinks you have chosen a wrong candidate.
It is surprising that a new employee is raising an issue for getting salary for a day he travelled from his home city to the place of joining. It is more surprising to see someone at manager level willing to damage his reputation in a new company for getting 1 day salary. You need to keep an eye on the employee.
In my experiance, a new employee will not raise disputes about small matters unless it is very serious. They would generally find it more important to get into their job, get a proper working relation with colleagues and create a reputation of himself in the new company showcasing his work, skills, etc.
From India, Mumbai
It is surprising that a new employee is raising an issue for getting salary for a day he travelled from his home city to the place of joining. It is more surprising to see someone at manager level willing to damage his reputation in a new company for getting 1 day salary. You need to keep an eye on the employee.
In my experiance, a new employee will not raise disputes about small matters unless it is very serious. They would generally find it more important to get into their job, get a proper working relation with colleagues and create a reputation of himself in the new company showcasing his work, skills, etc.
From India, Mumbai
Dear Banerjee Sir,
I am agree with your point.
But, I have faced some more experiences like this in my service tenure.
I have seen that, the employees, basically who are on good / important position and have good field / work knowledge, generally do such demands.
Although, I have tackled this one as per my knowledge and being a HR Personnel at HO I have given clear instruction to the recruitment cell to clear this type of issues to the candidate before finalizing, to all the Branches & Zonal Offices for handing such situation in future.
But, my only motive to bring this into discussion here was to high light such situation and take expert view on such situation. So, the interest of the employee or the organization could not be crushed.
From India, Delhi
I am agree with your point.
But, I have faced some more experiences like this in my service tenure.
I have seen that, the employees, basically who are on good / important position and have good field / work knowledge, generally do such demands.
Although, I have tackled this one as per my knowledge and being a HR Personnel at HO I have given clear instruction to the recruitment cell to clear this type of issues to the candidate before finalizing, to all the Branches & Zonal Offices for handing such situation in future.
But, my only motive to bring this into discussion here was to high light such situation and take expert view on such situation. So, the interest of the employee or the organization could not be crushed.
From India, Delhi
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