If any employee during the notice period prior to resignation prefer to take Earned/Privilage leave (assume the employee have leave in the credit) can the employer refuse the same or on prorata basis can extend the notice period. Is there any case law in this regard. Also what is the prevailing industry practice during such circumstance.:icon7::icon7:
From India, Calcutta
1From India, Calcutta
I believe, the employer can refuse the same. Recently we had a similar case in our organization. As per the terms of the employment letter the employee has to give 3 months notice. The employee who had submitted the resignation was having 45 days to his credit. He had worked for 2 months and then he told he propose to avail 30 days leave and will report to the office after 30 days. However the company has refused and he was relieved on completion of 2 months and 30 days notice period was adjusted in his available leave.
From India, Mumbai
From India, Mumbai
Usually an employee is entitled to take only sick-leave during the notice-period (because diseases and sickness is not aware if you are on notice period of not hahahaha). Earned leave, if any in your account at the time of resignation get enchased and get paid along with the full and final. Some companies do have the policies where they prefer not to encash the “balance earned leaves”, in that case the employee has the right to avail all his leave during the notice period and no management can stop him. I hope this information will be of some help to you. Thanks and Regards Sanjeev
From India, Mumbai
From India, Mumbai
Thanks for your response. Actually in the instant case the sanctioning authority do not have any reservation to sanction, however, he is requesting a clarification regarding admissibility vis-a-vis policy issue. Unfortunately, the service condition remains uncovered. My immediate reaction was if the employee is otherwise eligible (suppose if he had not submitted the resignation) better to allow leave. Also in the present situation in case of resignation only 50% of EL in credit is allowed for encashment. So, also ethically it is inappropriate to disallow. I am also averse to extend the notice period as one employee has enjoyed/approached for leave for part of notice period. However, one Sr Executive is of the opinion that the leave is not allowed during the notice period and there are case law in this respect. However, I put forth few situation defending my point, 1) The employee may ask EL/PL on medical ground in absence of sick leave. - One can argue by introducing medical check up etc. 2) The employee may ask EL/PL for dependent's treatment - the employer can not force a medical check up in this case. 3) The outgoing employee may ask for EL/PL for personal reason or most generously ask for preparatory leave prior to join new end - if the situation (1) and (2) is agreed then why we refuse in (3) case. After all, why I should put my head on such trivial matters. Definitely, one needs to keep parity before decide. Also refusal of post-sanction may open a new dimension regarding the service continuity of the relevant period and may create problem for post separation terminal settlement. Summing up I mean if enjoying such leave is not a act of indiscipline or against the interest of orgn. better to grant it. Only because somebody tendered resignation does not entails the management to refuse the leave - that I believe. I approached because I simply wanted to know existence of any such case law to check veracity of my interpretation. Thanks again to you all.
From India, Calcutta
From India, Calcutta
Dear ind an employee in notice period can take leave if he has same in his credit. More over his physical presence too is not required if he has given notice and after the notice period is over he will be relieved as in case of any other resignations. no one can force him to be physically present during the notice period. but then in case he is not present to office in notice period he wwill be on loss of pay.this is the one of hte judgement passed in supreme cour few months back. sanjeev
From India, Delhi
From India, Delhi
Hi Indranil, This is a very common scenario in organizations today as attriton has hit nearly every Industry so there should be some flexibility in the policies.The exit experience for the employee should also be a very pleasant experience because in this way organization contributes to branding. If the policy is clear to your employees they will not be confused and neither you.You should do what is justified and not what is practised in other organizations.You should create a win-win situation so that the employee is satisfied and maybe he may come back in future to your organization.It is for you to think and not what is there in the policy. Wait for your reply. Thanks and Regards, Kumar Manoj:-P
From India, Mumbai
From India, Mumbai
Hi Sanjeev, I differ with your inputs. In the case of resignation of an employee we have to identify an alternative either internal or external, the new incumbent should get trained, accumsted to the present job / role. Till such time the activity should not hanmpered is the reason normally in most of the organizations will specify in their appointment letter itself that except for sick the resgined employee is not allowed to avail leaves. It is also very clear that leave is proragative of the management. You mentioned that there is a supreme court judgement on this case. Request you to send the same to me on my mail ID - 
Thanks and regards - kameswarao
From India, Hyderabad
From India, Hyderabad
Dear Kumar, I agree with the branding issue. However, justification issue is very much person dependent. It depends how one interpret, specially when there is lack of specific rule. Infact there lies the industry best practices. It somehow extend legitimacy. Regards,
From India, Calcutta
From India, Calcutta
According to the terms of service employment 1. Employee and employer are bound to have stipulated notice period of either 3 months or one months whatever may be. 2. Employee or employer put one exclusive clause in the employment contract or service contract what ever it may be called for the purpose states "Notice period or salary in lieu of notice from the either side" 3. Leave is part of earning of employee and by and largely being practices as adjustable against the notice period in case of termination period. 4. Its employer discretion to relieve employee depending the exigencies of work and replacement of incumbent is matter of mutual understanding. 5. It is wise for both the parites not to dispute and employee should have an option of honourable exit rather blame game this is in order to exercise good HR practice. Because bad practice does not require HR professsionals specially family owned bsuiness do tend to have such tendancies to harm employees by challenging notice of termination or raising dispute in labour court just to harash the employee leaving organization is issue of ego and not labour laws. NO law can force employee to work forcibly or order undue period for continueing with employer if he lost confidence on his employer just for the sake of written employment contract of service contract is not valid. 6. In my 17 years of experience with many industrial dispute I never come across such dispute where employee want to leave organizaton and employer not relieving him rather employee sacrifice all his dues if employer is adament not to relieve employee is practical solution. Regards Sawant
From Saudi Arabia
From Saudi Arabia
We need professional opinion on Professional Tax Our payroll cycle runs from 21st of the month to 20th of next month. Employees who join after 20th get their pay in the next month process. So we pay the PT for the next month. ( Assuming that the previous employer has paid the last month PT ) So the query raised is – Are we suppose to pay the PT arrears of 10 days for last month. X employee joins on 24th of April 08 He gets his salary in the month of June with the arrears of 7 days of april. As per his slab his PT is deducted ( Salary – 4500, PT deducted is Rs 120 ) So do we have to pay the 7 days which he had served in April 08 ie last months. So which of the three conditions do we abide- 1. We do not pay for April – Rs 0 2. We pay for the days served - 120/30= Rs 4 per day , so 4 *7days = Rs 32 3. Or we pay the whole amont – 120 for april
From India, Mumbai
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From India, Mumbai
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