Unfair Hr Practice

Hi,

I have been working in my present organization since the last 4 years. In this year's appraisal(july 2014) my HR gave me a notice stating that I'm not performing as per expectation of the management and will be reviewed again after three months on oct 20. If in that review my performance is not as per the expectation then these three months would be taken as notice period and I will be relieved from my duties.( since the notice period is of three months)

Within one month I got a job offer and resigned and gave one month notice and ask to adjust my earned leaves which is 47 days. Now my HR says that they will calculate the earned leave on basic salary and calculate the rest of the period for which I had to pay the company as per the ctc.

I want to know that is it a fair practice. If company is calculating my earned leaves on basic salary then they should calculate the balance of notice period on basic salary only. But my HR informed that its a company's policy. When I asked him to show it me and give me in writing he kept mum and said he will get back to me later.

Please suggest me the with the right option as im feeling cheated and harassed.

How can a company have such practice that while giving benefits to employees they calculate with different formula and while debiting it uses other formula.

Dear Rahul,
Pls go thru your Appointment letter and understand the terms and condition which you have acknowledged copy to them.
Most of the companies have the policies which are aligned to safe guard their business interest.

Hi,
I suggest you look at this issue in totality. The present company feels that your performance is not enough for you to continue. Now you have got a job where you are needed. I suggest you do not make issue with your present company , rather exit amicably. Tomorrow your future employer will take your reference and if the present company does not give a good reference, you will always be in " to watch category"
Mahesh

Generally speaking if the leaves are calculated in one formula, the same is used for deduction of notice pay.
The argument used by the company for different formula, is that earned leaves are benefits and therefore its paid on Basic Salary. But Notice Period is where the employee is giving away his days he would otherwise have worked for. But this falls flat as if i take a 47 days leave, my salary would not be deducted and i would get the entire salary.
Hope you can get a favorable reason from the HR and company.
Regards,
Ashutosh Thakre

Dear all,
The leave encasement on full and final settlement do not carry certain allowances which are not defined in Payment of Wages act or Minimum wages act. These allowances are considered for payment in case of leave enjoyment.
Moreover, their is restriction of 30 leaves carry forwarding only beyond that are subject to the provisions in certified standing orders of the company.
As far as notice period is concerned, it depends upon the terms and conditions of your appointment letter.
P K Sharma