Hello all,
I need your advice on how to proceed further with communication with my company HR.
I was working with my company for last 6.5 years and then went on maternity leave.I also went on leave without pay for some time post that but then decided that I couldnt join back work and resigned effective immediately.due to medical reasons I also couldn't serve 60 dayz of my notice period.
My manager accepted my resignation and said keeping your circumstances in mind your notice period is waived off but you need to give 2 months of salary.
My point here is when my notice period is waived off then for what against is I am entitled to pay 60 days of salary.
My company has a separate HR dept where employees can bring up their grievances and that takes Care of employee benefits.
What points can I put across them to get waiver so that they do not treat this as normal termination case.
Thanks!
From India, New Delhi
1I need your advice on how to proceed further with communication with my company HR.
I was working with my company for last 6.5 years and then went on maternity leave.I also went on leave without pay for some time post that but then decided that I couldnt join back work and resigned effective immediately.due to medical reasons I also couldn't serve 60 dayz of my notice period.
My manager accepted my resignation and said keeping your circumstances in mind your notice period is waived off but you need to give 2 months of salary.
My point here is when my notice period is waived off then for what against is I am entitled to pay 60 days of salary.
My company has a separate HR dept where employees can bring up their grievances and that takes Care of employee benefits.
What points can I put across them to get waiver so that they do not treat this as normal termination case.
Thanks!
From India, New Delhi
Dear Reeva,
On the one hand your HR Manager says he is ready to "waive off" the condition of notice period and on the another he tell you to "pay in lieu of notice period". Seemingly this may appear contradictory however, to give a correct reply we need to know the clauses about separated included in the appointment letter.
Some companies, include a clause in the appointment letter that states that when employee resigns whether to accept money in lieu of notice period or not is management's discretion. Therefore, choice of the resigning employee does not matter. Probably your HR Manager meant to say that considering your medical condition, he will not force you to serve the notice period. Nevertheless, condition of payout remains.
Before raising grievance to your HR department, you may check the conditions mentioned in your appointment letter. If the condition suits you then show the copy of appointment letter. If the condition does not suit you then tell them that proposition of HR Manager is contradictory.
As of now let us try to settle the matter through your routine grievance procedure. Let us see in what direction the verdict of HR goes. Senior members of this forum will suggest further options thereafter.
All the best!
Dinesh Divekar
From India, Bangalore
On the one hand your HR Manager says he is ready to "waive off" the condition of notice period and on the another he tell you to "pay in lieu of notice period". Seemingly this may appear contradictory however, to give a correct reply we need to know the clauses about separated included in the appointment letter.
Some companies, include a clause in the appointment letter that states that when employee resigns whether to accept money in lieu of notice period or not is management's discretion. Therefore, choice of the resigning employee does not matter. Probably your HR Manager meant to say that considering your medical condition, he will not force you to serve the notice period. Nevertheless, condition of payout remains.
Before raising grievance to your HR department, you may check the conditions mentioned in your appointment letter. If the condition suits you then show the copy of appointment letter. If the condition does not suit you then tell them that proposition of HR Manager is contradictory.
As of now let us try to settle the matter through your routine grievance procedure. Let us see in what direction the verdict of HR goes. Senior members of this forum will suggest further options thereafter.
All the best!
Dinesh Divekar
From India, Bangalore
There is no problem of resigning on account of medical illness post maternity. When the notice period is waived off, there should not be a recovery of the 2 months salary. Secondly, was the salary paid during maternity leave in excess of the period you are eligible to receive salary i.e 12 weeks.(3 months). Also I understand from you that you have extended your maternity leave and was on Loss of Pay.
You can have this discussed with your HR and resolved amicably.
From India, Bangalore
You can have this discussed with your HR and resolved amicably.
From India, Bangalore
I haven't got any reply from my HR,it's my immediate manager Who said this and about the 2 month salary recovery.he said the HR is not giving approval to waive off the salary penalty. By reading through few such related posts,it seems all this depends on manager's discretion if he wants to get things right in favour of employee or not.is it true? My manager is saying that he's ready to help me out.
From India, New Delhi
From India, New Delhi
I agree. I would still suggest you have a 2:1 meeting inclusive of your Manager and HR and have this sorted out.
From India, Bangalore
From India, Bangalore
If your notice period is waived off, then you do not require to pay any notice pay of 2 months. Before proceeding further, make sure of the exact state of affair.
From India, Kolkata
From India, Kolkata
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf