HI Nisha
Your last message is self explanatory for all the issue's you are undergoing. From your message it is evident that there was 45 days notice period to be served, however you have given 20 days and wanted rest to be probably adjusted against leaves left at your disposal.
As far as i know, being in HR & ADMN for last 20 years, what i can suggest, giving proper notice period is a must for a smooth handover etc., it is even more, if the resource is at the senior level. Hence, this would have upset the HR/Management in this regard.
However, 2 or 3 things can suffice to prove you were with them initial offer letter and relieving letter. Initial offer letter and salary slip for the working till last date. Final settlement paper, where signatures of both parties are obtained. I hope and am sure you have copy of all this , including your resignation letter to prove your period of working with the organisation.
i suggest to patch up a little , as we have much more to lose than the organisation and have a straight talk to set things rights and finish off the formalities, if possible help them find suitable replacement. The world is strange at times, there are people like me looking around for jobs and don't get and there are also companies on other side that does not get candidate for their requirement.
cheers and best wishes, these are my views on the issue.
S.S.Rao
From India, Visakhapatnam
19Your last message is self explanatory for all the issue's you are undergoing. From your message it is evident that there was 45 days notice period to be served, however you have given 20 days and wanted rest to be probably adjusted against leaves left at your disposal.
As far as i know, being in HR & ADMN for last 20 years, what i can suggest, giving proper notice period is a must for a smooth handover etc., it is even more, if the resource is at the senior level. Hence, this would have upset the HR/Management in this regard.
However, 2 or 3 things can suffice to prove you were with them initial offer letter and relieving letter. Initial offer letter and salary slip for the working till last date. Final settlement paper, where signatures of both parties are obtained. I hope and am sure you have copy of all this , including your resignation letter to prove your period of working with the organisation.
i suggest to patch up a little , as we have much more to lose than the organisation and have a straight talk to set things rights and finish off the formalities, if possible help them find suitable replacement. The world is strange at times, there are people like me looking around for jobs and don't get and there are also companies on other side that does not get candidate for their requirement.
cheers and best wishes, these are my views on the issue.
S.S.Rao
From India, Visakhapatnam
Normally, as per the terms of appointment,a contract may be terminated at any time by either side by serving the prescribed notice period or pay in liue thereof.Since, in the instant case, you have submitted your letter of resignation and the same has been accepted by the Management,they are legally bound to release you from the date specified in the notice,by making necessary adjustment against the shortage in notice period against your pay.They are legally bound to make full & final settlement of your dues.Please serve a legal notice threatening to take legal action ,if your dues are not settled within a specified period,say next 15 days.You have a very strong case and you have nothing to wary about.
A.K.Maitra,M.Com;LL.B;A.C.A;A.C.S;M.I.M.A
Retd.G.M.(Law)
National Fertilizers Ltd.
(A Mini-Ratna Central P.S.U.)
From India, Delhi
A.K.Maitra,M.Com;LL.B;A.C.A;A.C.S;M.I.M.A
Retd.G.M.(Law)
National Fertilizers Ltd.
(A Mini-Ratna Central P.S.U.)
From India, Delhi
Dear Members/Maitra JI
I differ a little on the salary in lieu of notice from the employee can be done , if accepted by the Management, this can only happen if the Management agrees to it , else the employee is bound to serve his notice period as per the terms of the contract. In general, pvt companies, leave's are rarely adjusted ( even if so, it can only be EL/AL). Then again, if the Management seeks full notice period to be served by employee, i think Management is within its right to seek the same from the employee. This is for proper knowledge transfer/ finding replacement etc., during the period etc.,
From India, Visakhapatnam
I differ a little on the salary in lieu of notice from the employee can be done , if accepted by the Management, this can only happen if the Management agrees to it , else the employee is bound to serve his notice period as per the terms of the contract. In general, pvt companies, leave's are rarely adjusted ( even if so, it can only be EL/AL). Then again, if the Management seeks full notice period to be served by employee, i think Management is within its right to seek the same from the employee. This is for proper knowledge transfer/ finding replacement etc., during the period etc.,
From India, Visakhapatnam
Dear Members,
Thanks first of all for your valuable suggestions and for showing your interest in the issue.
Mr. Sandeep: Yes, I am now considering this option after the inspiration i have got from so many senior members on here. Hopefully i will be able to get some result out of this.
Mr. Rao: I was working with the HR department and the fact that I was planning to pursue further education was clearly communicated to my superiors well in advance in fact from over six months before i resigned. As far as adjustment of leaves was considered, this was also mentioned in my contract and was also mutually agreed upon at the time of my resignation. Unfortunately i had to leave a week before completing the notice period as agreed, but i was ready to compensate for that with no hard feelings at all. I had been doing the same for many other employees who left before me.
As far as handing over the responsibilities was concerned, I had taken care of it well in advance and was already done with that. This I think answers your concern.
I do have the initial letters, but unfortunately could not get the final papers as I had to leave in a jiffy and wasnt in the country for very long after that.
Mr Maitra: Thanks a lot sir for the advise that you have given. I would personally like to discuss the case with you if you may allow. Your advise was of real value for the issue that I am facing.
Ms. Sharmila: Thanks again Sharmila for addressing the query :)
Best Regards to all the senior members
Nisha
From India, Delhi
Thanks first of all for your valuable suggestions and for showing your interest in the issue.
Mr. Sandeep: Yes, I am now considering this option after the inspiration i have got from so many senior members on here. Hopefully i will be able to get some result out of this.
Mr. Rao: I was working with the HR department and the fact that I was planning to pursue further education was clearly communicated to my superiors well in advance in fact from over six months before i resigned. As far as adjustment of leaves was considered, this was also mentioned in my contract and was also mutually agreed upon at the time of my resignation. Unfortunately i had to leave a week before completing the notice period as agreed, but i was ready to compensate for that with no hard feelings at all. I had been doing the same for many other employees who left before me.
As far as handing over the responsibilities was concerned, I had taken care of it well in advance and was already done with that. This I think answers your concern.
I do have the initial letters, but unfortunately could not get the final papers as I had to leave in a jiffy and wasnt in the country for very long after that.
Mr Maitra: Thanks a lot sir for the advise that you have given. I would personally like to discuss the case with you if you may allow. Your advise was of real value for the issue that I am facing.
Ms. Sharmila: Thanks again Sharmila for addressing the query :)
Best Regards to all the senior members
Nisha
From India, Delhi
Termination of employment depends upon terms of engagement.As per standard terms,such type of contract may be terminated by either party either by complying with the notice period say one/three months or pay in lieu therteof.Once an employee has resigned ,the employer is bound to accept it.In case the said employee has given a shorter notice, that can be adjusted against his notice pay.But the employer has no right to prevent you from accepting a better oppurtunity.It is simply a vindictive attitude on their part.They can maximum request an employee to continue till completion of the notice period but cannot compel him.
In view of the above, please take appropriate action in consultation with a good lawyer on service matter alongwith all relevant documents.Apparently, you have a very strong case and you should fight for the same.
From India, Delhi
In view of the above, please take appropriate action in consultation with a good lawyer on service matter alongwith all relevant documents.Apparently, you have a very strong case and you should fight for the same.
From India, Delhi
If HR manager is not giving certificate you can approach his bosses.If they are also not helping it can be concluded that it is a collective decision Then ,only hope is courts intervention if there is a breach of contract.
VARGHESE MATHEW .
Labor Law Adviser TVPM
09961266966
From India, Thiruvananthapuram
VARGHESE MATHEW .
Labor Law Adviser TVPM
09961266966
From India, Thiruvananthapuram
Ms Nisha,
When you have the Full and Final calculation from the Accounts department, it is a very clear proof that you have served the notice period through 20 days working, 14 day leave credit adjustment and balance recovery from the amount payable to you.
Your HR Manager under no circumstances has the right to deny your relieving from the services of the company and cannot deny you your full and final settlement and the service certificate. If he is persisting with this wrong practice, he will be in soup. His asking you for your replacement is foolish and unreasonable, why should you do it? Why is he there in the company, if not for arranging manpower? Issue a registered notice enclosing copies of your resignation letter, resignation acceptance letter and the full and final settlement details obtained from Accounts and demand you settlement amount and the Service Certificate. Keep copies of all these documents for your future help/reference, in case he mentions any thing negative in your service certificate.
Your HR Manager, does not seem to be a prudent and reasonable man. He cannot take any thing personally, go out of way to harass you. You can file a case against him and make your company a party to it. Management itself will question him for his wrong doing then.
Wish you all the best.
From India, Eluru
When you have the Full and Final calculation from the Accounts department, it is a very clear proof that you have served the notice period through 20 days working, 14 day leave credit adjustment and balance recovery from the amount payable to you.
Your HR Manager under no circumstances has the right to deny your relieving from the services of the company and cannot deny you your full and final settlement and the service certificate. If he is persisting with this wrong practice, he will be in soup. His asking you for your replacement is foolish and unreasonable, why should you do it? Why is he there in the company, if not for arranging manpower? Issue a registered notice enclosing copies of your resignation letter, resignation acceptance letter and the full and final settlement details obtained from Accounts and demand you settlement amount and the Service Certificate. Keep copies of all these documents for your future help/reference, in case he mentions any thing negative in your service certificate.
Your HR Manager, does not seem to be a prudent and reasonable man. He cannot take any thing personally, go out of way to harass you. You can file a case against him and make your company a party to it. Management itself will question him for his wrong doing then.
Wish you all the best.
From India, Eluru
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Relieving & Experience Letter.doc