Sub: Leave while on notice period:
Hi Mr. Prakash,
Unlike PL, there are no framed rules for CL or SL under the Factories Act 1948. Many Companies do not entertain leave to one who is running on notice period, but allows encashment of PLs at the time of F & F settlement; and their CLs & SLs get lapsed. However it depends upon management’s discretion whether to allow it or not; because some management due to exigent works situations normally discourage employees from taking leaves, but allows encashment of leaves. If such situation prevails management may permit leaves during notice period also.
M. M. Nair
From India, Ahmadabad
Hi Mr. Prakash,
Unlike PL, there are no framed rules for CL or SL under the Factories Act 1948. Many Companies do not entertain leave to one who is running on notice period, but allows encashment of PLs at the time of F & F settlement; and their CLs & SLs get lapsed. However it depends upon management’s discretion whether to allow it or not; because some management due to exigent works situations normally discourage employees from taking leaves, but allows encashment of leaves. If such situation prevails management may permit leaves during notice period also.
M. M. Nair
From India, Ahmadabad
Hi there,
I'm a visitor to Dubai from the UK so I'm not familiar with UAE law. However if the contract of employment does not bar the employee from taking casual leave etc and there is nothing in the staff handbook or employee manual to allow you to refuse, then you would be in breach of contract and the employee could take you to court. This is what would happen in the UK
Best wishes
Skyguide
From United Arab Emirates, Abu Dhabi
I'm a visitor to Dubai from the UK so I'm not familiar with UAE law. However if the contract of employment does not bar the employee from taking casual leave etc and there is nothing in the staff handbook or employee manual to allow you to refuse, then you would be in breach of contract and the employee could take you to court. This is what would happen in the UK
Best wishes
Skyguide
From United Arab Emirates, Abu Dhabi
In my opinion, law permit the leave and the employers has to abide by the law. If law would not allow leave, no employer will ever allow any leave to any employee.
Our labour laws provide for the minimum number of CL/ML/EL/PL which an employee is entitled to. No employer can snatch that privilege from an employee. No employer can deny these to an employee if these are lying in the credit of the employee. No Leave policy can override the legal provision in this regard. The notice period is not a special type of service that warrants special rules. It is just the part of the normal service which will culminate at a definite period. Rather it is a in term of the service contract. All other normal condition of service will continue to be in force as usual. All sort of leaves are permissible even during the notice period. The CL is the only leave which is permitted in advance. While on notice period, it can be calculated as to how much were he entailed to till the termination of the contract and the balance if any can be availed of as usual and vice versa.
The EL/PL ect. are earned leaves and the encashment of the unavailed EL/PL as to be given to the employee.
It is once again reiterated, that Leave is a legal provision and employee is entitled to the same even during notice period.
From India, Chandigarh
51Our labour laws provide for the minimum number of CL/ML/EL/PL which an employee is entitled to. No employer can snatch that privilege from an employee. No employer can deny these to an employee if these are lying in the credit of the employee. No Leave policy can override the legal provision in this regard. The notice period is not a special type of service that warrants special rules. It is just the part of the normal service which will culminate at a definite period. Rather it is a in term of the service contract. All other normal condition of service will continue to be in force as usual. All sort of leaves are permissible even during the notice period. The CL is the only leave which is permitted in advance. While on notice period, it can be calculated as to how much were he entailed to till the termination of the contract and the balance if any can be availed of as usual and vice versa.
The EL/PL ect. are earned leaves and the encashment of the unavailed EL/PL as to be given to the employee.
It is once again reiterated, that Leave is a legal provision and employee is entitled to the same even during notice period.
From India, Chandigarh
Till the employee is relieved from the services of the company he will be deemed to be the employee of the company. Hence he is eligible to take the leaves subject to the approval from the authorities concerned.
D. Phani Kumar
Sr. Manager- P&A
Zuari Cement Ltd.
Ital Cementi Group.
D. Phani Kumar
Sr. Manager- P&A
Zuari Cement Ltd.
Ital Cementi Group.
Generally an employee can exhaust his cl/sl during the course of notice period other than pl/el,. However, it defers from concern to concern depending on the Leave rules/Standing orders of the respective concern.
From India, Coimbatore
From India, Coimbatore
There is a decided Supreme Court decision that an employee during his/her notice period is entitled to all the benefits as if he/she is in service as per the contract of employment. For a moment imagine that during the notice period if the said employee commits any fraud the employer has the right to take disciplinary action as per the contract of employment as the contract of employment is not suspended during the resignation notice period; by the same logic employee also do not lose his/her rights for his eligible benefits during the notice period. Please note in any organization leave is not a matter of right; it is to be sanctioned. If the concerned employee need to handover the charge or to complete any other officer work and the like before leaving the organization the management has every right to refuse the leave applied for.
R. Sairam
CIB-Home
From India, Mumbai
R. Sairam
CIB-Home
From India, Mumbai
dear,
He is entitled to take leave during the notice period.
Is he not human being that he will not and should not fall sick during the notice period? If it so happens what is the remedy?
Therefore, during the notice period if he needs leave, depending of the work exigencies, the leave shall be sanctioned.
V. Balaji
From India, Madras
He is entitled to take leave during the notice period.
Is he not human being that he will not and should not fall sick during the notice period? If it so happens what is the remedy?
Therefore, during the notice period if he needs leave, depending of the work exigencies, the leave shall be sanctioned.
V. Balaji
From India, Madras
Subject - Re: leave while on notice period
I do agree with Mr.Gopal's opinion. Employee who is leaving the company for his better future should not feel bad about the company before his releaving. If required let him avail leaves during the notice period, subject to his eligibility. We can't forget his services with our company just because he is leaving the company.
SREENIVAS.B
HASTALLOY INDIA LTD.
VISAKHAPATNAM
From India, Visakhapatnam
I do agree with Mr.Gopal's opinion. Employee who is leaving the company for his better future should not feel bad about the company before his releaving. If required let him avail leaves during the notice period, subject to his eligibility. We can't forget his services with our company just because he is leaving the company.
SREENIVAS.B
HASTALLOY INDIA LTD.
VISAKHAPATNAM
From India, Visakhapatnam
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