Hello Friends,
Need your help regarding this issue.I resigned from the company and I was ready to serve the notice period of two months but after ten days I resigned my only brother's marriage got fixed so I asked my managers to waive off my notice period of one month and also I took leave of one week for his engagement for which I gave a mail well in advance for which I dint get any reply.Though leaves are not allowed during notice period as per appointment letter but can be given at the discretion of the manager.Now when I get my F & F,the leaves have been deducted alongwith the deduction of one months notice period for which I never got any intimation.Many people in my company got a waive off of two months.My exit interview was also not taken.I discussed with the senior officials as well but I was told it was as per policy.My experience certificate is also on hold.Without clearance I cannot get a job somewhere else also.
I want to take up this issue to the Labour Court.Need suggestions from legal experts.
Thanx
From India, Chandigarh
Need your help regarding this issue.I resigned from the company and I was ready to serve the notice period of two months but after ten days I resigned my only brother's marriage got fixed so I asked my managers to waive off my notice period of one month and also I took leave of one week for his engagement for which I gave a mail well in advance for which I dint get any reply.Though leaves are not allowed during notice period as per appointment letter but can be given at the discretion of the manager.Now when I get my F & F,the leaves have been deducted alongwith the deduction of one months notice period for which I never got any intimation.Many people in my company got a waive off of two months.My exit interview was also not taken.I discussed with the senior officials as well but I was told it was as per policy.My experience certificate is also on hold.Without clearance I cannot get a job somewhere else also.
I want to take up this issue to the Labour Court.Need suggestions from legal experts.
Thanx
From India, Chandigarh
If the terms of your employment contract, signed by you & your employer, are not being respected by your company, you can pursue the matter legally. But if you are a defaulter & want special favors from your company, after having put up your resignation, it may be advisable to accept their decisions gracefully. The best way in such situations, however, is to meet your HR manager personally & discuss your requirement(s) politely, yet convincingly. If there are provisions in the company policies for managing genuine compassionate cases favorably, your HR manager shall be prepared to extend all possible assistance. Remember to carry some proof (like printed Invitation Card) of your brother's marriage.
Please remember never to threaten that you can go to the Labor court. Employers know these options well as also the ways to deal with them. If not convinced, try once to satisfy yourself.
From India, Delhi
455Please remember never to threaten that you can go to the Labor court. Employers know these options well as also the ways to deal with them. If not convinced, try once to satisfy yourself.
From India, Delhi
Dear Mr Bhatia,
Thanks for your reply.My only concern was that they should have informed me or replied to my mail at least .this was my right to know about the decision which was going to affect me.that was breach of trust.i had requested for a waive off which they could have denied easily but they did not inform me of either of the deductions.i know its not easy to go to a labour court but I think I was backstabbed.
From India, Chandigarh
Thanks for your reply.My only concern was that they should have informed me or replied to my mail at least .this was my right to know about the decision which was going to affect me.that was breach of trust.i had requested for a waive off which they could have denied easily but they did not inform me of either of the deductions.i know its not easy to go to a labour court but I think I was backstabbed.
From India, Chandigarh
Roshni
it seems from the details furnished by you that the mangement is obviously peeved at your leaving the company for reaosns either best known to them or known to you both since you said that they waived the notice period in other cases and did not hold exit interview for you. Though there may be a clause for waiver of notice period in the contract of servcie/service rules, the power usually remains discretionery but not as a matter of right for the employee and the management can exercise it's discretion not to waive the notice periodif it it deems fit in any case.
As regards the leave, you have stated that no leave is permissible during notice period.Thus, even though you informed the mangement about your leave well in advance, it chose not to sanction it in your case since there is a specific provision disallowing leave during notice period and lthey may contend also that leave in any case, cannot be claimed as a matter of right by an employee. However I feel that they should have informed you that your leave has not been considered. They did not observe this simple ethical practice for reasons known to them It again used it's discretion not in favour of you, though it sanctioned leave to others as per your statement.
Even if you decide to fight the isue in any competent forum, there is little to support your case.therefore there is no point wrangling over the issue. leave the comany peacefully and get your relieving letter and experience certificate without any hassles.
B.Saikumar
Mumbai
From India, Mumbai
it seems from the details furnished by you that the mangement is obviously peeved at your leaving the company for reaosns either best known to them or known to you both since you said that they waived the notice period in other cases and did not hold exit interview for you. Though there may be a clause for waiver of notice period in the contract of servcie/service rules, the power usually remains discretionery but not as a matter of right for the employee and the management can exercise it's discretion not to waive the notice periodif it it deems fit in any case.
As regards the leave, you have stated that no leave is permissible during notice period.Thus, even though you informed the mangement about your leave well in advance, it chose not to sanction it in your case since there is a specific provision disallowing leave during notice period and lthey may contend also that leave in any case, cannot be claimed as a matter of right by an employee. However I feel that they should have informed you that your leave has not been considered. They did not observe this simple ethical practice for reasons known to them It again used it's discretion not in favour of you, though it sanctioned leave to others as per your statement.
Even if you decide to fight the isue in any competent forum, there is little to support your case.therefore there is no point wrangling over the issue. leave the comany peacefully and get your relieving letter and experience certificate without any hassles.
B.Saikumar
Mumbai
From India, Mumbai
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Notice period.jpg
Notice Period Extension Letter Format.doc