I wanted to know if an employee applies for an open advertisement in the same company for a higher position and gets selected, will they be able to use the remaining leaves (CL, EL, and Compensatory leave) from their previous position, or will their previous leaves lapse upon joining the new role?
Acknowledge(0)
Amend(0)
Acknowledge(0)Amend(0)
In my personal opinion, such a situation should be viewed from the HR policy perspective of the organization rather than a legal perspective. For instance, if you consider the practice adopted in government service, the process of transitioning an existing employee from a lower cadre post to a higher cadre post in the same department or another through direct recruitment is not treated as termination of service but as a transfer of service only. This is to enable the incumbent to maintain continuity of service and leave benefits, subject to the condition that the employee ensures there is no break in service.
Regarding the specific point you raised, if the leave conditions are the same for both posts, then since the employee and the employer are the same, the existing leave account can be continued. As I mentioned at the outset, it depends upon the policy of the organization.
Thank you.
From India, Salem
Acknowledge(0)Amend(0)
6108Regarding the specific point you raised, if the leave conditions are the same for both posts, then since the employee and the employer are the same, the existing leave account can be continued. As I mentioned at the outset, it depends upon the policy of the organization.
Thank you.
From India, Salem
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
HR-Policy-036 - Employee Transfer Policy - 11-10-2013.pdf
Leave Policy.doc