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Increment during notice period for employee asked to leave - HR Managers are saying I am not eligible - CiteHR

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Anonymous
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Dear HR Professionals, I would request your genuine feedback here, I am a Professional working with 5+ years of experience in this company.

Due to the company changing its technology software, THEY ASKED ME TO LEAVE my current job. There is no performance-related, ethical, behavioural or other issue suggested by the company. I obeyed the instructions and resigned.
After 1 month of resignation - I came to know that company is giving Increments (based on previous years Appraisals period Jan - Dec 2020) to ALL employees. I served the company with good results in this period.

Here is a summary:
- 20th May: I have been asked to submit my resignation. I am currently serving my 3 months notice period in the company.
- 22nd June: Company declared increments effective from 1st May.

HR Managers are saying I am not eligible for this increment as written in the company policy "Employees serving notice period are not eligible for increments".

However, I am requesting that I was in the organization on the day the Increment is effective from (1st May). The company has delayed the declaration by 82 days is not my fault.

Please let me know in your view I am eligible for this increment? Please also consider that the company itself asked me to submit my resignation.

From India, Pune
Dinesh Divekar
7736

Dear member,

The annual salary increment is out of the purview of the labour laws. Who can be eligible and who cannot are the internal matters of the company. Nevertheless, the company's administration tries to achieve the "common good" by extending the benefits to as many employees as possible and ensuring the cost-cutting is done.

In your case, the company declared the annual salary increments retrospectively. Now the challenge is, your notice period had not started on the date from which the increments were made effective, however, your notice period had started when the declaration was made.

Since there are two interpretations to the situation, I recommend you write an application and put forth your case to make you eligible for the annual increment. You may write in the application that the company will not have to carry a big financial burden by making you eligible. Nevertheless, if made ineligible, then you will have to settle for a lower salary base in the future job. Your financial losses will be far bigger.

If the authorities remain impervious to your application, then you may still escalate your case up to the level of the MD. If the MD also remains inclement, then nothing can be done. Accept it as your fate and make a truce with it.

My last recommendation is on your approach in case you are called for a personal discussion. Be polite as much as possible, and come what may make sure that the authority succumbs to your entreaty. The authority should feel as if he/she is a lord bestowing a great favour on you.

Thanks,

Dinesh Divekar

From India, Bangalore
KK!HR
1422

As a matter of principle, increments are drawn on the completion of satisfactory performance for the previous year. Reportedly, there is no performance issue, so you are eligible for the annual increment. Try to get the policy of your establishment on annual increments and analyse it in the above light to stake your claim. Pl also check for any precedent. You had resigned on being asked to do so has not much relevance in this regard.
From India, Mumbai
tajsateesh
1641

Hi,
Let me add a couple of points to what Dinesh Divekar mentioned.

No Increment process is completed in a few weeks--depending on the Company headcount, it could take a couple of months to 3-4 months.
So my surmise is that you may have been asked to resign with the primary objective being to exclude you from the Hikes process [you haven't mentioned IF there were others too like you].

As far as your line "There is no performance-related, ethical, behavioural or other issue suggested by the company" is concerned, your view of your performance won't really matter in the hikes process. It's your Manager's or others above you.
And it's fairly common practice--however much we disagree with it--that there would be Managers who don't discuss performance related issues openly with their employees.
And this also points out to another aspect--your Manager obviously thinks otherwise about your performance.

I am not sure IF Dinesh Divekar's suggestion to escalate to your MD would work in your case. It MAY be counter-productive if not handled well--pl remember there will most likely be some sort of Reference Checks in your future employment.
So better give this step a serious thought before implementing--at best, MAYBE you could informally raise it.

My suggestion is the same as Dinesh Divekar's--move on. Life is not just this Company. Learn from this experience & move on.
All the Best.

Rgds,
TS

From India, Hyderabad
Dinesh Divekar
7736

Dear Mr Sateesh, Nice to see you after a long while. Nice come back! Look forward to your stimulating replies. Thanks and regards, Dinesh Divekar
From India, Bangalore
Avinash-professional
1

Dear Mr. Sateesh, and Dinesh,

Thank you for your input. I see that there seems no practical angel considered by HR and they are just sticking to a policy that has so many other clauses which are not adhered to by HR themselves.
e.g. It is clearly stated that the Manager should reply to the resignation email with acceptance and there is no acceptance email sent by them. So this still gives me the option to revoke my resignation and asking for raise here. But I do not want to go to that level here.
So, I think then I need to continue and accept it as it is.

From India, Pune
tajsateesh
1641

@ Dinesh Divekar--
I reciprocate too.
Frankly, not finding a lot of threads of late to participate with vigour.
Let's hope things change.
Sometimes I do miss the earlier avatar of this Forum :-)

@ Avinash-Professional--
Technically, the option to revoke your resignation and asking for raise here does exist. But I am not so sure the response from the Company would be in agreement to your withdrawing it.
I would tend to agree with your view that it may not be worth it NOW.
Once you learn from this situation, then it becomes one of the many experiences in your life's journey.
One learning clearly for you is to learn reading the subtle signals that are given out thru behaviour or body language--irrespective of what comes out of the lips.
Move on.
All the Best.

Rgds,
TS

From India, Hyderabad
Dinesh Divekar
7736

Dear Mr Sateesh,

Yes, the vibrancy of the forum is getting diminished year after year. The decline started in 2014/2015 when the proliferation of the WhatsApp (WA) groups started. Most of the queries are on PF, ESI, Notice Period or the sudden termination of the employment. Discussion on most of the topics belongs to the erstwhile "Personnel Management". Hardly a thread comes up for discussion on real "HR Management".

Anyway, we the ordinary members cannot do much!

Thanks,

Dinesh Divekar

From India, Bangalore
nanu1953
300

From the post it appears that the employee was told by the employer - due to change of technology the employee has been asked to go but there are no other issues. The employee has also been asked to serve 3 months notice period ( not common, usually released immediately for this type of case and if necessary with 3 months notice pay to make the separation pain less ). At the same time the Organization is offering increment to other employees. The Organization has taken soft path for negative communication. There are many employees who cannot assess their own level of intelligent, acumen, faculty etc. while in employment. Scoring 100 out of 100 is brilliant in academic career, but in appraisal ( performance, behavior, inter personal skill etc.) when judged by any organization then 100 out of 100 is just to keep the employment to continue and get the normal increment. Scoring 120, 130 out of 100 are considered as potential candidate.This extra 20/30 is something one has to assess while staying at employment and interacting with the system. I have come across with such employees in my career in different MNCs when engineers from IIT, Jadavpur, Shibpur (at present known as IIEST ) had faced similar problems.

It is a common practice not to offer increment to employees who have submitted their resignation - nothing special in this case.

I would suggest to introspect self, be charged and try your best to find a new job. Loosing any job is not the end of the world. There is always light at the end of the tunnel.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions


From India, New Delhi
Avinash-professional
1

Dear All,

Thank you for motivating me in this regard. I understood some things we just let it go. What pains me a lot is - I invested 7 years of my life in this company.

I have found a new and better job having entrepreneurial opportunities.
I am looking forward to the same.

From India, Pune
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