I am working for a private engineering college in mumbai.i have resigned from my job and serving the notice period. I am entitled for 46days of vacation which is an entitlement of a teacher .the management is not allowing me to take the vacation and they are not adjusting this vacation in my notice period also. What should I do
From India, Mumbai
From India, Mumbai
Vacation period is your eligible holidays and the purpose of notice is to ensure that the employer gets sufficient time to get a candidate suitable for your post. By serving notice you have performed your duty and the college management can very well source another person in your place before the college reopens. It is the responsibility of the employer to grant you vacation or holidays. By making you come during the vacation, the management is not going to gain anything. The rule that during notice period the employee is not allowed to take any leave will not apply here. In that case also, employer cannot ask the employee to come and work on Sundays and other holidays which will come during notice period. Your holidays, ie, vacation, is similar to holidays. Therefore, the act of employer not allowing you vacation is not good in law.
Regards,
Madhu.T.K
From India, Kannur
4248Regards,
Madhu.T.K
From India, Kannur
Under which labour law & section "no leaves/holidays or only PL/EL avail, during notice period mentioned?"
From India, Ahmadabad
From India, Ahmadabad
No labour Act has such provision. Notice period and availing of leave during notice period are purely a matter of company's own policy which may be included in the Standing Orders of the company.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Although there is no such provision in any of the Labour laws in India, but it is quite obvious that none should be asked to work on holidays. For a teacher, vacation is a holiday and he should be allowed to enjoy it despite the fact that he had served the notice period. As far as I am concerned, the Management is taking an upper hand. I completely agree with Madhu T. K.
From India, Haora
From India, Haora
Have I read the question right?
Is it like.... " you have not been given / not availed your holiday; and now you have applied for resignation; but you don't want to serve notice period and prefers it being adjusted for 46 holidays left with" ?
or is it like.... "you have 46 holidays; you are in your notice period; you are asked to come on Weekends & Holidays during your notice period stating that the 'number of days' in notice period is to be completed....?? Please explain...
Also, how many days is your notice period?
From India, Mumbai
Is it like.... " you have not been given / not availed your holiday; and now you have applied for resignation; but you don't want to serve notice period and prefers it being adjusted for 46 holidays left with" ?
or is it like.... "you have 46 holidays; you are in your notice period; you are asked to come on Weekends & Holidays during your notice period stating that the 'number of days' in notice period is to be completed....?? Please explain...
Also, how many days is your notice period?
From India, Mumbai
Dear All,
kindly let me know if somebody will not get his salary for more than two months from his present organization for whom salary is essential to maintain his family and day to day needs.For such circumstances even he/she could not invest for daily expenses for office so he/she left job.If notice period to be deducted.due to irregularity of salary he/she left so if here notice pay deduction is legal?if employer deducts notice pay then the employee can go for legal case or not?kindly let me know details
From India, Bhubaneswar
kindly let me know if somebody will not get his salary for more than two months from his present organization for whom salary is essential to maintain his family and day to day needs.For such circumstances even he/she could not invest for daily expenses for office so he/she left job.If notice period to be deducted.due to irregularity of salary he/she left so if here notice pay deduction is legal?if employer deducts notice pay then the employee can go for legal case or not?kindly let me know details
From India, Bhubaneswar
by accepting the employment offered by the Company, through appointment letter, the employee and the employer enters an agreement.
The agreement ensures fair & just play for both employee and employer.
By not paying salary in time, which is one of the key conditions in the agreement (here appointment letter), the employer has breached the agreement.
Ideally on a legal perspective, the employee can send a notice to the company stating that due to...reason...you have committed a breach of the contract and necessary legal actions would be conducted to neutralize that..
OR at least ,
seek a written explanation as to why they have not been able to pay the employee in time...
However, if the employee chose to discontinue his/her service owing to this reason, and the company chooses to deduct the notice period from their arrears to be paid, that would a move in bad taste and could invite legal ramification...
From India, Mumbai
The agreement ensures fair & just play for both employee and employer.
By not paying salary in time, which is one of the key conditions in the agreement (here appointment letter), the employer has breached the agreement.
Ideally on a legal perspective, the employee can send a notice to the company stating that due to...reason...you have committed a breach of the contract and necessary legal actions would be conducted to neutralize that..
OR at least ,
seek a written explanation as to why they have not been able to pay the employee in time...
However, if the employee chose to discontinue his/her service owing to this reason, and the company chooses to deduct the notice period from their arrears to be paid, that would a move in bad taste and could invite legal ramification...
From India, Mumbai
I think in this case, first check appointment letter issued by employer. Appointment letter is contract between employee and employer. If there is condition mentioned that employee can't avail any sort of leave if he/she resigns from his/her post in notice period, then employee can't avail leaves as he/she acknowledge the appointment letter at time of joining.
If there is no such condition in appointment letter then employee should get in touch with trade union (if any) for collective bargaining.
From India, Pune
If there is no such condition in appointment letter then employee should get in touch with trade union (if any) for collective bargaining.
From India, Pune
I was working in private educational center for special education. I have served my notice period of 60 days as per the offer letter on 11th April which would terminate on 11th june but now because of summer vacation school is closed from 17th May and employer who is working with school has not paid me a salary of 25 days as according to her i would not be able to serve my notice period of 60 days which is short of 25 days and she has paid me only salary of 21 days but according tome i should get salary of April and salary of 16 days of May i.e 46 days. Please correct me if i am wrong and also provide information about the same.
From India, Delhi
From India, Delhi
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