Dear all.
As I understand there is no law governing the adjustment of leaves in notice period.Mr MohanRao has reffered to Factories law, but most offices will be covered under Shop and Establishment Act.
Whether to adjust or not and how many leaves to adjust should be mentioned in the HR policy. It is generally not mentioned in the appointment letter.Going by practice the number of leaves is discreation of management .
What is also important here is the calulation of right number of EL or PL or AL that have to be considered
Conclusion Better to have it mentioned in HR policy or Appointment letter.If not go be law ,calculate the prorata leaves available and give the benifit to the saperating employee.Here ,Management should decide whether to give the leaves or not depending on employees utility
Importantly get some one good HR policy that covers all such points implemented .It should have sound with legal standing
hope this clarifies
VikasBhardwaj
From India, New Delhi
2As I understand there is no law governing the adjustment of leaves in notice period.Mr MohanRao has reffered to Factories law, but most offices will be covered under Shop and Establishment Act.
Whether to adjust or not and how many leaves to adjust should be mentioned in the HR policy. It is generally not mentioned in the appointment letter.Going by practice the number of leaves is discreation of management .
What is also important here is the calulation of right number of EL or PL or AL that have to be considered
Conclusion Better to have it mentioned in HR policy or Appointment letter.If not go be law ,calculate the prorata leaves available and give the benifit to the saperating employee.Here ,Management should decide whether to give the leaves or not depending on employees utility
Importantly get some one good HR policy that covers all such points implemented .It should have sound with legal standing
hope this clarifies
VikasBhardwaj
From India, New Delhi
Dear Friends,
Lets look at this situation as under:
1. An employee resigns and give, say tw months' notice as per terms of his contract of employment.
2. He wants immediate release and is willing to pay for the notice period. He is within his Most appointment letters in their exit clause stipulate notice period of salar in lieu of notice period thereof.
3.He works for some days duing the notice and in between he requests for some days of leave. Now, there is no hard and fast rule that he cannot be granted leave. It is a decision which the mangement will have to take. His request can be considered favorably or it can be decilned.
Please remember EL will be enacshed at thje time of his full and final settlement. Therefore it is no great deal if leave is granted to the employee. However, it is necessary to impress upon the employee that he is obliged to do the handing over properly to the satisfaction of the management before being finally relieved.
4. Also, at times the management decides to accept and relieve the employee immediately waiving off the notice period.
Considering all the above situations, I will reccommend that the employee be spoken to and it is mutally agreed that he will do a proper handing over and only then would he be relieved formally. Leave may be then granted at the discretion of the management.
Best Wishes,
Vasant Nair
From India, Mumbai
Lets look at this situation as under:
1. An employee resigns and give, say tw months' notice as per terms of his contract of employment.
2. He wants immediate release and is willing to pay for the notice period. He is within his Most appointment letters in their exit clause stipulate notice period of salar in lieu of notice period thereof.
3.He works for some days duing the notice and in between he requests for some days of leave. Now, there is no hard and fast rule that he cannot be granted leave. It is a decision which the mangement will have to take. His request can be considered favorably or it can be decilned.
Please remember EL will be enacshed at thje time of his full and final settlement. Therefore it is no great deal if leave is granted to the employee. However, it is necessary to impress upon the employee that he is obliged to do the handing over properly to the satisfaction of the management before being finally relieved.
4. Also, at times the management decides to accept and relieve the employee immediately waiving off the notice period.
Considering all the above situations, I will reccommend that the employee be spoken to and it is mutally agreed that he will do a proper handing over and only then would he be relieved formally. Leave may be then granted at the discretion of the management.
Best Wishes,
Vasant Nair
From India, Mumbai
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