Availing of leave during the notice period is basically an administrative issue rather than a legal issue. It has to be handled very carefully because the employee who is leaving after so many yrs of service should not be given such a treatment. Any amount of legal citations is not going to help us much.
From India, Vellore
5From India, Vellore
hi As per legally norms, you can not be provide Cl, EL or PL to employees but can be provide SL because you are not able to control the situation of illness. At the time of submission Sick Leave, Medical Certificate is need availed leave 3 and more. Amit Chandak
The procedure of allowing leave to employees during their notice period will vary from company to company. In some company, relieving date will be extended to the extent of leave availed by the employee, who has resigned. In my opinion, if the resigned employee has handed over all documents and completed the existing formalities, he/she can be relileved at the quickest possible, as the employee, who has resigned will not be contribute 100% for the company and no point in keeping such employee till completion of their notice period. With regards L.Kumar
From India, Madras
From India, Madras
In the South African Government we are allowed to give 30 days notice for resignation for employees more than one year in service. For less than 1 year in service 1 week notice. Although if a person leave you with no choice but to resign tommorrow and he comes in today to give notice - there r no consequences other than missing out on a month's salary. No work no pay. Leave is not allowed to be taken in teh notice period becos of final processing.
It Depends actually on the circumstances. We generally give leaves. If the leaves are not granted in any case, the company is going to encash the same at the time of full & final settlement. If you think from another point of view, i.e. when an employee needs to serve 30 days notice and he simply serves 15 days notice, then in that case we deduct his 15 days salary (depending upon the terms & condition of the appointment lettre), but at the same time, we give him encashment at his Full & final settlement. thus, whichever way we go, employee gets the benefit. Thus, giving leave is not a problem, which actually depends upon the circumstances. Sometimes the environment created by the employee concerned is not condusive for the organisation and sometime organisation does not like the employee that is organisation wants to terminate him, and at the same time, employee submits the resignation alongwith his leaves requirement, and the mgmt sanctions it. Thus, I personally feel it depends upon the circumstances. If i am wrong, please correct me...............
From India, Delhi
From India, Delhi
Hi, can you suggest me if a employee is recently join and he taken on two day's leave.is entitled CL/SL. Pls what is the legal provision for the grant of cl/Sl for new Joining. thanks Ashish Narwal
For a new employee, we have a stipulated 1 day for every 17 days taken vacation and one day sick per month if needed. This is during teh probation period, therefor the probation period is extended.
Dear Indranil I find your query a bit confusing. Please note thet there can not be any notice period prior to resignation. Notice period will start only after one has tendered his resignation. Now as to admissibility of leave during the notice period. Please note that there is no bar on taking earned leave to ones credit during the notice period. You may refer to Ghanshyam vs, Delhi Metro Rail Corpn. 2007,LLR,490, Delhi High Court for legal position on this subject. Regards Mohan.
From India
From India
Hi Folks, I am suggesting a comprihensive solution on this problem faced by most of us after going thru all the responses. Firstly I do not feel there will be any legal provision or case law on this issue and this issue needs to be governed by a proper policy framed by employer. Purpose of notice period is to facilitate time for i) finding replacement, ii) complete the work and assignments in hand, before exit and iii) to properly handover the work, records, documents etc. to successor. If any of the above purposes are being defeated by allowing leave then leave during notice period either can be refused or notice period may be extended by equivalent leave days. It's better to have proper policy framed to deal with such cases, with a discretion with HR and immediate supervisor to allow or disallow leaves during notice period. Generally most of the companies pay Leave Encashment against unavailed Leave Balances, in such cases employee leaving the company is discouraged to use the leave before he is relieved. Leaves during notice period for genuine reasons should not be refused. If a company is in a position to give leave for longer duration ( say 10 days or more) during notice period, without substantial reason, then I feel there is no need for the entire notice period to be served. In such case it is better to relieve such employee early, rather than forcing him to serve notice period. I have come across very funny practices, some companis allow leaves during notice period. Employee who is actualy on the leave joins the new employer and only turns up on the last day of notice period to collect relieving and F & F. Such practices makes mokery of HR Profession. Some companies have longish notice periods up to three months. Many times such a long notice period is not necessary. After employee decides to leave he is neither interested in work nor in the company and he simply kills time in office and becomes a nusance. It is better to complete relieving formalities of such employees and relieve them as soon as possible. Many times concerned employee is in a great hurry to join the new employer hence either he requests early relieving by waving notice period or requests for leave to take up new job. One also needs to consider 'Loyalty' factor from both employer's and employees' side while framing the policy. Employee is not expected to throw loyalty to wind by asking early relieving or leaves to get few more rupees from new employer and they need to be responsible and patient while changing the job. I hope whatever I have written makes sense. Vijay
From India, Pune
From India, Pune
Finally I am relieved with the case law. It supports the decision I took. Actually my immediate Senior was having different interpretation altogether. Notice Period prior to resignation , here the term resignation means date of effect of cessation of employment relation. Now I must be clear to you. Again Thanks a lot by providing the case law information.
From India, Calcutta
From India, Calcutta
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