Anandhan Nateshan (Senior Systems Exective) 14 September 2015

Notice period not followed as per policy, need my release

Hello.

I am working in Cognizant MNC and I have initiated resignation from the company tool on Sep 1st 2015. And I have to server 60days notice period as per New Policy. As I am having vacation leave of 21.5 days it can be adjusted against my Last working day as per the "Seperation Policy" given by the company. Now the HR and project mananger saying cannot release me less than 60day due to requirments in project.

As im travelling Germany for person reason I would require this early release and I asked them after verifying the company policy. Now they are ready to adjust 10 days of my vacation leave. Project & HR is not ready to follow the Seperation Policy and none is ready to support. (Project manager denied my vacation leave when applying for more than 1 week and now not allowing early release also. Do know what for they have this vacation leave then, feeling working as slave rather as employee.)

Company policy does not pay for vacation holiday if it is not utilized. If that is the case, I need to utilize my vacation leave so that I can start applying for Visa work. Suggested me if my request is denied can i proceed legally/ need your advice.

Note: During my joining (May 2011) notice period is only 30days. But later they received to 60 days after Oct 2012. Does it still applicable to me to server 60days or Just 30 days.

Not sure whether I can attach the company seperation policy here, so not attaching the file.

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1 Replies

Kumar Doab (FIN) 14 September 2015

The notice period/pay,leave etc is part of service conditions that are governed by various enactments applicable to employer/employee/establishment………………………..and these enactments shall prevail upon any private policy drafted by employer and signed with employee. The employer may claim that you are not covered by the enactments however your counsel may opine that you are covered.

You may go thru:

https://www.lawyersclubindia.com/forum/Salary-withheld-by-employer-127023.asp#.VfaF7H1-jMo

https://www.lawyersclubindia.com/experts/Full-final-settlement-law-for-a-private-firm-559966.asp

https://www.lawyersclubindia.com/experts/HR--559971.asp

https://www.lawyersclubindia.com/experts/Resignation-not-accepted-559656.asp#.VfZj5n1-jMo

The notice period of 60days may not be necessarily be applicable in your case as per applicable enactments.

Once you go thru the enactments and chapter on leave: It may state that ‘Employee is entitled to……………………….’ Implying that the leave once applied can’t be declined.
The employer can provide superior benefits but can not provide inferior benefits.
Thus if as per some policy say ‘Separation Policy’ a vacation leave can be availed then it can be availed. You may submit leave application under proper acknowledgment, with a copy to you.
Anything that you submit online in some internal portals is not in your control hence you may download the copies including for notice of resignation/resignation, leave etc.
You may also download all rules and policies mentioned in appointment letter e.g. Separation Policy, as later company may not provide it.
The resignation etc is a personal matter and can be sent by letter/from personal email You may write under proper acknowledgment to good offices of appointing authority,MD,Chairman and attach copies of everything say notice of resignation/resignation, leave, separation policy and build favorable written record.
You may mention that you have tendered notice of resignation and LWD is dated…………………..and NO TASKS are pending at your end as on date,to whom you should handover the charge within and upto dated………….(LWD) under proper acknowledgment on the spot, and from date of notice of resignation i.e.dated…………routine duties be assigned that can be completed on day to day basis and within and upto dated…………..(LWD).You may mention that you have represented to Mr/Ms………………..designation………………address…………….on dated and……………….all concerned may be advised to adjust vacation leave etc and make necessary arrangements to complete everything and supply the acknowledged copy of resignation,acceptance of resignation, service ceritificate,relieving leter,NOC/NDC,correct FnF statement , payment of FnF wages,Form16 as per correct FnF statement, PF a/c number with a/c slips, ESIC card, etc…………………by the close of office of dated……………….(LWD). You may add that you shall not be available for anything after the close of office hours of dated……………….(LWD).
You may download the evidence of each and everything.