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Anu Shree (Human Resource - All India)     23 March 2011

Forced LWD & FFS

Dear All,

We have a situation - One employee resigned on 1 Jan 2011 and had 2 months notice period. His LWD was approved at 1 March 2011 as per policy. Employee forced the company to make Jan 31, 2011 as his LWD. Company had not accepted and in written educated him on the Notice Period and approved LWD.

Now on Jan 31, 2011 employee bids a good bye email to all and also dint return the company property.

On interactions, employee has ordered the company to give him money else he will not return the material.

On regular interactions after 20 days, he returned the property and we proceeded with the company policies of Notice period recovery and paid him through FFS.

Pls note we have policy of no leave during notice period. Also there is no leave encashment or adjustment. we advice employees to take 2-3 PL's for family once in two months as the work nature is quite stressful and requires much of travel in job.

Please advice if employee can move ahead with any legal case against company



 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     23 March 2011

The employee policy as advocated by your company is lopsided and not in consonance with law. 1. No employee can be compelled to work and at the best his responsibility upon submission of resigation ceasing with reasonable handover of pending assignments and company property. As for Notice period, either party should have right to pay compensation in lieu of notice period. Again the Leave policy as stated by you is not a fair one. PL should be accumulated at least for the year and unavailed PL should be adjusted in the settlement. It is advisable to handle this instant case with due sensitivity and resole on amicable terms. ALso review the policy with best industry practice and the local shops and establishment act.

vasudevan

Anu Shree (Human Resource - All India)     02 April 2011

Thank you. I have prepared new proposal as per Shops & Establishment Act.


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