Dear Amit,
Thanks for the advice. My line manger gives the below instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me service certificate only if I serve the days I was on leave.
This would mean, 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly.
This is kinda disturbing. But I havent spoken to the HR with regard to this particular issue.
I would first talk to my senior manager and explain to him the facts. I would also provide the medical certificates as required.
But how can the company deny release for such genuine situation for the sake of getting the billing. That too one of the top 5 IT companies in India.
From India
Thanks for the advice. My line manger gives the below instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me service certificate only if I serve the days I was on leave.
This would mean, 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly.
This is kinda disturbing. But I havent spoken to the HR with regard to this particular issue.
I would first talk to my senior manager and explain to him the facts. I would also provide the medical certificates as required.
But how can the company deny release for such genuine situation for the sake of getting the billing. That too one of the top 5 IT companies in India.
From India
Hi Arun You may get your yearly leave balance adjusted againg the notice period to be served. Else you may ask your departmental head to relive you and notice period to be waved off. Regards, Neha
From India, Delhi
From India, Delhi
A notice of 60 days or payment of equivalent salary at pro rata in lieu thereof shall be applied. This is without prejudice to any right or claim which may be accrued to either of the parties by virtue of the employment thereof.
From India, Calcutta
10From India, Calcutta
I will talk with love and affection. I will talk today and explain the situtation I am in now. I would provide a feedback soon.
From India
From India
Dear Arunragavan,
Its quite simple, really.
1. Please understand that no employer can force you to work during your Notice period. Like someone suggested rightly, you are not Bonded Labour.
2. You have met with an accident that requires you to remain absent from work as per Medical Advice for which you have Dr.'s Certificate advising you complete bed rest for whatever period.
3. You have the following options
a. You appraise the HR person of your Company of your true circumstances and impress upon him that however much you would like to serve out your Notice Period, circumstances beyond your control prevents you from doing so.
b. Request the HR guy to waive off your balance Notice Period (20Days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed Notice period and request for release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same aginst the shortfall in your Notice period.
Keep copies of all these mails/correspodence which you will sedn/receive from the HR of your Company, these may come in handy at a later stage with your new employer.
You can always inform your new employer the actual predicamnet that you are in, submit copies of your correspondence with your current HR Manager and Dr.'s Medical Certificate, I am sure the new HR guy will treat these with due merit amd maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
Its quite simple, really.
1. Please understand that no employer can force you to work during your Notice period. Like someone suggested rightly, you are not Bonded Labour.
2. You have met with an accident that requires you to remain absent from work as per Medical Advice for which you have Dr.'s Certificate advising you complete bed rest for whatever period.
3. You have the following options
a. You appraise the HR person of your Company of your true circumstances and impress upon him that however much you would like to serve out your Notice Period, circumstances beyond your control prevents you from doing so.
b. Request the HR guy to waive off your balance Notice Period (20Days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed Notice period and request for release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same aginst the shortfall in your Notice period.
Keep copies of all these mails/correspodence which you will sedn/receive from the HR of your Company, these may come in handy at a later stage with your new employer.
You can always inform your new employer the actual predicamnet that you are in, submit copies of your correspondence with your current HR Manager and Dr.'s Medical Certificate, I am sure the new HR guy will treat these with due merit amd maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
Hi Arun,
First of all take care of your health and Good luck to you.
This issue can be sorted out only depending upon ur approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that its purely unexpected thing and its not just like you are rushing up to get relieved from the current company.
Make sure that you dont talk to him anything about rules and regulations, it will irritate him ------- Dont say these ------ how can u people do this to me?am not a bonded labor for u, wat u r doing is illegal, look at our company policy etc.. It will even worsen the situation. Dont forget that a reference check will be done from ur current company too so try being polite.
Your way of conversation should make him feel that you give him the prime importance and you are confident that he will get you out of this issue. Most of the times this will help us. Finally they will be the one who gets the nod from the management.
From ur company policy find out whether the left over leave balance can be adjusted against the notice period.
Make him understand that only because of ur health issue there is a short fall of 20days in ur notice period and for this you are either ready paying for that 20days or working for extra hours.
Try doing this :
1. Try adjusting ur notice period with your leave balance (OR)
2. Try paying off for that balance 20days (OR)
3. Try Convincing ur manager to treat this as a special case and send you off without serving that 20days of notice by taking the medical certificate into concern. (OR)
4. If all these doesnt work then ask them whether you can work extra hours to cover up these 20days notice period.
Please come back with a good news.............Good Luck yaar
From India, Madras
First of all take care of your health and Good luck to you.
This issue can be sorted out only depending upon ur approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that its purely unexpected thing and its not just like you are rushing up to get relieved from the current company.
Make sure that you dont talk to him anything about rules and regulations, it will irritate him ------- Dont say these ------ how can u people do this to me?am not a bonded labor for u, wat u r doing is illegal, look at our company policy etc.. It will even worsen the situation. Dont forget that a reference check will be done from ur current company too so try being polite.
Your way of conversation should make him feel that you give him the prime importance and you are confident that he will get you out of this issue. Most of the times this will help us. Finally they will be the one who gets the nod from the management.
From ur company policy find out whether the left over leave balance can be adjusted against the notice period.
Make him understand that only because of ur health issue there is a short fall of 20days in ur notice period and for this you are either ready paying for that 20days or working for extra hours.
Try doing this :
1. Try adjusting ur notice period with your leave balance (OR)
2. Try paying off for that balance 20days (OR)
3. Try Convincing ur manager to treat this as a special case and send you off without serving that 20days of notice by taking the medical certificate into concern. (OR)
4. If all these doesnt work then ask them whether you can work extra hours to cover up these 20days notice period.
Please come back with a good news.............Good Luck yaar
From India, Madras
By virtue of your appointment, “your services are terminable by giving two month’s notice or salary in lieu , thereof, by either side”. Hence you can either convince / request the HR Manager and -
• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your Notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you?
Hope your company relieves you amicably. Good Luck to you.
Regards
From India, Hyderabad
• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your Notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you?
Hope your company relieves you amicably. Good Luck to you.
Regards
From India, Hyderabad
maliniluky
Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kinda compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company HR who understands my situation.
I would talk to my Manager today and explain to him that treatment I am undergoing. Hopefully they would understand. I just need 20 days reprieve so that I can sort out things myself.
From India
Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kinda compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company HR who understands my situation.
I would talk to my Manager today and explain to him that treatment I am undergoing. Hopefully they would understand. I just need 20 days reprieve so that I can sort out things myself.
From India
Hi Guys,
I talked to my manager and mailed all the facts. He was compassionate and told me that he would release me by the end of this month. He has communicated this to the customer also. But when I talked with the HR, he was quite heartless he said I would need to come to office no matter what and what happens.
Please suggest.
From India
I talked to my manager and mailed all the facts. He was compassionate and told me that he would release me by the end of this month. He has communicated this to the customer also. But when I talked with the HR, he was quite heartless he said I would need to come to office no matter what and what happens.
Please suggest.
From India
Well guys, The HR still insists that If I take leave now for a few weeks, I would need to compensate for the same comming back for sickness.
Kinda if I take leave for 4 weeks, I would need to come back after 4 weeks of sick leave and serve 4 weeks and then get released from the Company.
I am still negotiating. But nothing seem to work and no one seem to listern.
Can anyone suggest what is that I can do.
From India
Kinda if I take leave for 4 weeks, I would need to come back after 4 weeks of sick leave and serve 4 weeks and then get released from the Company.
I am still negotiating. But nothing seem to work and no one seem to listern.
Can anyone suggest what is that I can do.
From India
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