Leave during notice period in software industry

Regret the above advice by

Ritesh Maity

is not good and agreeable.

The HR person might be designated and empowered by employer by a valid order to perform such duties.

HR person is like link/conduit between employer-employee.

There might a hierarchy/escalation matrix in your company for redressal of such grievances.

Till the time you are in employment you are expected to appreciate and follow such matrix.

If HR is commiting transgression and employe’s rights are being infringed upon then HR person is to be named.

The HR person might insert notes/notings on meeting with you in your personnel file, without showing anything to you.

If employee has built irrefutable written record (minutes of meeting/witnessed etc ) then it can help in future to claim damages/interest and affix onus and responsibility.

Another Prespective:

The def. Of employee and employer (and even Manager) might be different in different enactments.

The HR person might be employer (and even Manager) per applicable enactments in your case.

Take a screenshot of the policy uploaded a day back along with its date/time.

Apparently it is not circulated in writing to employees.

Let HR person, if he/she wants copmmunicate about it in writing.

You can ask who has drafted/approved/passed it and uploaded it and how it becomes applicable to you (employee) without intimnatiuon and consent.

If HR person claim that he is the authortiy ithen let him claim so in writing.

Originally posted by : AS
	Hi, Really very greatful for all you help and guidence. I need guidence once again on this topic. I am sorry for inconvenience and continuous questions on this topic, but I am not aware of the law so posting which may be irritating for you. I don’t like to make anyone suffer from my action. But at the same time I am completely against injustice and I support the people rights including mine. Today I had a discussion again on Leave during notice period and the deduction which is made and I explained all the laws to HR. HR reply was really amazing. I recorded whole discussion on phone.  Previously I told HR that it is not mentioned in policy document so now they mentioned it in policy document yesterday and then had a meeting with me today. But I have copy of old Policy which I also shared via email to HR as last discussions MOM. I am sharing some of the statements from today discussion and I think I need to file a complaint: HR said, this is company policy and law cannot be applied here as it is private company and not government or public sector. We will define how we will function and what will policy. If you want to go with law way go ahead. We will not pay you the amount for the leave as you are allowed only 1 leave in each month and now this is mentioned in document. For Salary and Gratuity, it will be paid with FnF and I don't know any law on payment of these components. So it will go as process which will take 4 to 6 months  I told them about Payment of Wages Act and Payment of Gratuity Act but they are not accepting anything like this. On leave he said as Leave was not rejected before you going then its neither approved so how I am claiming the salary for this? He also said that he will check all the leaves I took in my entire career with them and if we found any leave which is approved after leave day they will consider it as LOP and deduction will be seen in FnF calculations. I told them about the law that I applied it 20 days before and if you not approved it before I am going then it will be treated as approved because I already left. They have provided me Reliving date in written as 7 April which is 15 days before of actual 3 months’ notice period completion. As I was insisting them to give me the deduction amount they became furious and said that we are not reliving you on 7 April server the complete period. They will allocate a new project and I need to work on that and I will not get any amount against deduction. They will not pay me gratuity as per law which I described i.e. within 30 days and salary on 7th or 10th. Salary, Gratuity, Bonus and arrears will come as FnF which will be paid after 6 Months and we will not provide anything in written. As they have provided me reliving date in written, I escalated this to other company and they confirmed my joining on 11 April. Now if they extend it how should I process on it? I am ready to complaint against HR and company for unfair policy and practices and threatening statement. Please let me know what should I do and how should I process it? Will it affect my job with other employer? Is it a good idea to let them know about the current situations? Thank You !!

1.Such statements are a common practice. ILL infoemed/ignorant employees continue to believe that Private Companies are outside the purview of law of the land.

The situation is complicated since employtees do not unite and form unions,IC, Works Committee, Greivance Redressal committee and affiliate with trade Unions.

Has it been a company having well informed and united employees, such situation and such comments would not have arisen.

2.The extent section/clause of the Act has already been supplied to you.

This shall prevail upon any private rule/policy of the establishment/employer/Manager.

The establishment/employer/Manager are sub servient and inferior to the law of the land.

Thee mployer can be personally held responsible for violation of standing orders.

3.The law on pay day and Gratuity Payment is clear.  

This shall prevail upon any private rule/policy of the establishment/employer/Manager.

If Gratuity is not paid within 30days from LWD interest @10% shall be payable for the delayed period.

Likewise interest on delayed payment of wages can be claimed.

Civil suit for damages is another prespective.

Your counsel can explain Torts to you.

4.The postion of law by applicable Act/Standing orders has already been explained to you.

This shall prevail upon any private rule/policy of the establishment/employer/Manager.

5.As far as I am concerned It is good.Let him calculate and supply it foreach year to you.

The link that I have sent to you is applicable.

6.The verbal communications can lead to such nuisance.

However it is good that you have recorded it.

The HR persosn has realized that you will claim and get 15days notice pay (@ as in enactments and once not as per whims and fancies of establishment/employer/Manager. In case the rate offered by company is better than as in the enactments you may happily accept it), and he will become responsible.

7. Already explained at 6.

8. In that case you can agitate before the authority as PIP or handover the matter to unions and/or your own counsel specializing in labor/Service matters at your own location.

9. Already explained above.

You can submit the minutes of discussion.

You are at liberty to narrate that you have already firmed up your next venture from the close of office hours of releiving date communicated to you……………………and HR person/employer/Manager/establishment shall be responsible for loss of employability/employment/opportunity/revenue etc etc caused to you.

Highlight that you have been a performer, and your conduct and integrity has always been appreciated by the company and one and all.

More so you have recorded the conversation that is pure intimidation.

Your own counsels after going thru the record with you may opine that you may/may not lodge complaint with police.

Build rapport with next employer/Line Managers/HR/owners: so that they support you stand by you like a wall.

It is indeed a good idea to appraise the next employer (preferably in writing under proper acknowledgment).

Thanks Kumar for a details explanation and guidence. Really greatful for the details both of you shared. :)