Dear Seniors,
I am working in manufacturing company. our one of the employee left organization, so he have to complete 1 motnhs notice period, but because of his SL,EL,CL was in balance total 14 days leaves was balance. he completed 16 days and given application to adjust my remained leaves. management relieved him after 16 days remained leaves adjusted. but he is demanding all salary in full & final settlement mease whatever he actual worked days and also he demanding adjusted leaves days salary.
anybody tell, what process I have to follow. if any law have rule for this. shall we pay thses days salary.
and is leaves can considers present days. because it is adjust only on absents.
kindly suggest me..
Ashok
9860351625

From India, Kolhapur
Hello ,
this is priya working in a infra company and handling 2000+ employees in hr dept.
After the study of your problem i just come to know that if you can clear some points which is important for this.
So are you ready ??
Ok
1) how many privileged leave/ earned leave in his leave account. (because this is the only encase leave neither cl or sl )
2) and if he is talking about cl so he can't take cl in during of notice period.
Please clear if possible
thanks,
priya

From India, Delhi
Dear Priya Madam,
Thanks for Immediate Reply...
His leave balance as below:-
EL-3, CL-4, SL-3 and Comp Offs- 6
so he is demending salary for all adjusted leaves period.
kindly inform is any law showing the statement that PL is only can adjust at the time of NP.
Regards,
Ashok

From India, Kolhapur
Dear Ashok,
Normally PL/EL will be adjusted against the notice period. However, your organisation has considered all types of leave to adjust the notice period. In lieu of working you have adjusted the balance leave. So, you have to pay salary based on his actual physical working days only i.e.16 days only.
Ms.Priya - Am clarified your query also.
S Rajasekaran

From India, Madras
Hi,
In normal case in Manufacturing company, after putting resignation, employee has to work for one month or adjust his leave in the notice period. Since the candidate has completed 16 days and requesting to adjust his leave in the notice period, you may adjust 14 days leave with full salary. Except PL/EL no any other kind of leave are adjusted in the notice period. CL/SL automatically get lapsed in such cases. You may please refer leave policy of your company, if any.
Please revert if any further assistance is required.
Thanks & regards,
U S Rauthan

From India, Indore
Hello,
If the notice period of the employee ends on 16th then there is no need to pay the salary of entire month. At the same time, the leave encashment of 14 days has be provided to him. In case he takes leave in the notice period, the leave would be deducted from leave balance.
For providing leave encashment, please cross it check the leave policy of your company...
Regards,
Rahul

From India, Pune
Thanks To all Seniors,
I was in confision because our company dont have written policy. so presently I am preparing HR/Admin Policy. these case I faced in last month. also this candidate was not in situation to listen from me. I convinced him, but was telling I will put complaint in against company. because earlier company not even issued offer letter, appointment letter. now I am issuing all these formalities with HR policy.
Once again thanks to all.
Ashok

From India, Kolhapur
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