For relieved employees what date can be taken as last working date i.e., as per resignation or as per attendance
please explain with these examples also
1. X applied resignation on 2/11/2014 and after notice period he can be relieved on 1/12/2014.
But in this case if he stops working from 15/11/2014. shall we consider his last working day as 1/12/2014 by adjusting his leaves up to 1/12/2014 instead of taking it as 15/11/2014.
2. X applied resignation on 2/11/2014 and after notice period he can be relieved on 1/12/2014.
But in this case if he worked upto from 15/12/2014. shall we consider his last working day as 15/12/2014 or 1/12/2014
From India, Hyderabad
2please explain with these examples also
1. X applied resignation on 2/11/2014 and after notice period he can be relieved on 1/12/2014.
But in this case if he stops working from 15/11/2014. shall we consider his last working day as 1/12/2014 by adjusting his leaves up to 1/12/2014 instead of taking it as 15/11/2014.
2. X applied resignation on 2/11/2014 and after notice period he can be relieved on 1/12/2014.
But in this case if he worked upto from 15/12/2014. shall we consider his last working day as 15/12/2014 or 1/12/2014
From India, Hyderabad
Hi, the last working day is taken as per the attendance. The remaining days in his notice period can be adjusted against his PLs or other leaves as per your company’s policy .
From India, Delhi
From India, Delhi
Hello!!
During notice period, one is allowed to pro rata leave only in judicious manner. Suppose outgoing employees is entitled to 2 EL , 1/2 CL and 1 SL, he can avail 3 1/2 days LEAVES only in case he is present all days during the month.His absence beyond 3.5 days will be without pay. Only Earned Leave balance though to his credit available will be encashed but can not be allowed to set off with his unpaid days. The issue relates to discipline and value proposition. When you take leave against absent days, employee will get undue payment of other components like DA, HRA, allowances etc but EL is encashable on basic salary only- a second HR practice at various large corporates which are known to be fair , ethical and practical also.How companies will do business if employees do not serve and wait for his successor?
Here above , i think I have replied your query. There should be clear communication before to employees in writing and acceptance from working employees also.
Regards,
RDS Yadav
MANAGEMENT COMSULTANT AND TRAINER
From India, Bareilly
During notice period, one is allowed to pro rata leave only in judicious manner. Suppose outgoing employees is entitled to 2 EL , 1/2 CL and 1 SL, he can avail 3 1/2 days LEAVES only in case he is present all days during the month.His absence beyond 3.5 days will be without pay. Only Earned Leave balance though to his credit available will be encashed but can not be allowed to set off with his unpaid days. The issue relates to discipline and value proposition. When you take leave against absent days, employee will get undue payment of other components like DA, HRA, allowances etc but EL is encashable on basic salary only- a second HR practice at various large corporates which are known to be fair , ethical and practical also.How companies will do business if employees do not serve and wait for his successor?
Here above , i think I have replied your query. There should be clear communication before to employees in writing and acceptance from working employees also.
Regards,
RDS Yadav
MANAGEMENT COMSULTANT AND TRAINER
From India, Bareilly
Last working day is last day on which employee marked attendance/was present.......
If employee has tendered notice of resignation then his last working day /effective date of resignation as per notice, can not be prephoned or postponed by anyone other than employee.....
The leave policy is governed by enactments applicable to the establishment e.g.(Name of the state) Shops and Commercial Establishment Act if The establishment is covered by this Act.......and thus Act does not lay down that leave can not be availed during notice period......
rather it lays down that employee is entitled to leave of......
The rate of leave encashment shall also be as per this Act and might not be @ basic.....
It is matters of policy and discretion of employer to offset any leave against notice period.....
However as per the enactment the annual leave/EL of resigned employees is to be encashed and paid....
From India, Chandigarh
If employee has tendered notice of resignation then his last working day /effective date of resignation as per notice, can not be prephoned or postponed by anyone other than employee.....
The leave policy is governed by enactments applicable to the establishment e.g.(Name of the state) Shops and Commercial Establishment Act if The establishment is covered by this Act.......and thus Act does not lay down that leave can not be availed during notice period......
rather it lays down that employee is entitled to leave of......
The rate of leave encashment shall also be as per this Act and might not be @ basic.....
It is matters of policy and discretion of employer to offset any leave against notice period.....
However as per the enactment the annual leave/EL of resigned employees is to be encashed and paid....
From India, Chandigarh
I was offered employment in an MNC company, and in offer letter nothing was mentioned about Notice period.(till then it was 1 month\'s notice on either side). I accepted the offer and joined in one of its site.
My Appointment letter was not issued on date of joining and was issued to me later - after 25 days from joining date. While issuing I was told not to mention the date while signing.
In appointment letter regarding Notice Period it is written as follows: \"In case of resignation from services during the probationary period you shall serve one months notice. After the completion of your probationary period your services can be terminated by giving 3 months notice or salary in lieu thereof. In case of resignation from the services you shall serve full notice period of 3 months.Leave or salary will not be adjusted against any shortfall in notice period\".
1) Is this legally acceptable?...as I had no other option to sign the appointment letter after joining the organisation ...or else I would have been jobless.
2) Is it possible to work for 1 month and adjust balance of 2 months with Leave/salary.
From India, Mumbai
My Appointment letter was not issued on date of joining and was issued to me later - after 25 days from joining date. While issuing I was told not to mention the date while signing.
In appointment letter regarding Notice Period it is written as follows: \"In case of resignation from services during the probationary period you shall serve one months notice. After the completion of your probationary period your services can be terminated by giving 3 months notice or salary in lieu thereof. In case of resignation from the services you shall serve full notice period of 3 months.Leave or salary will not be adjusted against any shortfall in notice period\".
1) Is this legally acceptable?...as I had no other option to sign the appointment letter after joining the organisation ...or else I would have been jobless.
2) Is it possible to work for 1 month and adjust balance of 2 months with Leave/salary.
From India, Mumbai
The day the employee is released post-resignation,should be taken as his last working day.If the employee has asked to be relieved w.e.f. 01.12.2014 and is actually relieved from 15.12.2014,then the last working day should be taken as 15.12.2014.
From India, Bokaro
From India, Bokaro
[QUOTE=PTKSVEL;2199727]I was offered employment in an MNC company, and in offer letter nothing was mentioned about Notice period.(till then it was 1 month\'s notice on either side). I accepted the offer and joined in one of its site.
My Appointment letter was not issued on date of joining and was issued to me later - after 25 days from joining date. While issuing I was told not to mention the date while signing.
In appointment letter regarding Notice Period it is written as follows: \"In case of resignation from services during the probationary period you shall serve one months notice. After the completion of your probationary period your services can be terminated by giving 3 months notice or salary in lieu thereof. In case of resignation from the services you shall serve full notice period of 3 months.Leave or salary will not be adjusted against any shortfall in notice period\".
1) Is this legally acceptable?...as I had no other option to sign the appointment letter after joining the organisation ...or else I would have been jobless.
Hello!!!
Your questions are replied as under:
1) Yes. Its legal the moment parties have signed TERMS AND CONDITIONS OF EMPLOYMENT .As appointment letter in your case was issued about 25 days of joining, you have no OPTION now to put condition to react in any manner. Only thing, wait till your probation period wherein you have one months notice period, spot a job and get rid of this bad situation, learn from experience .
2) No, its not possible to work for 1 month and adjust balance of 2 months with Leave/salary.As you have agreed that you will attend 3 months the works without leave or salary in lieu of absence.
Regds,
Regards,
RDS Yadav
MANAGEMENT CONSULTANT AND TRAINER
From India, Bareilly
My Appointment letter was not issued on date of joining and was issued to me later - after 25 days from joining date. While issuing I was told not to mention the date while signing.
In appointment letter regarding Notice Period it is written as follows: \"In case of resignation from services during the probationary period you shall serve one months notice. After the completion of your probationary period your services can be terminated by giving 3 months notice or salary in lieu thereof. In case of resignation from the services you shall serve full notice period of 3 months.Leave or salary will not be adjusted against any shortfall in notice period\".
1) Is this legally acceptable?...as I had no other option to sign the appointment letter after joining the organisation ...or else I would have been jobless.
Hello!!!
Your questions are replied as under:
1) Yes. Its legal the moment parties have signed TERMS AND CONDITIONS OF EMPLOYMENT .As appointment letter in your case was issued about 25 days of joining, you have no OPTION now to put condition to react in any manner. Only thing, wait till your probation period wherein you have one months notice period, spot a job and get rid of this bad situation, learn from experience .
2) No, its not possible to work for 1 month and adjust balance of 2 months with Leave/salary.As you have agreed that you will attend 3 months the works without leave or salary in lieu of absence.
Regds,
Regards,
RDS Yadav
MANAGEMENT CONSULTANT AND TRAINER
From India, Bareilly
Thanks Mr.DDOABA and Mr.RDS Yadav for your valuable reply.
Whenever if we are supposed to join a new Organisation HR department of joining company insists to join their company at the earliest. But the same organisation does not allow
an employee to get relieved before notice period time.
From India, Mumbai
Whenever if we are supposed to join a new Organisation HR department of joining company insists to join their company at the earliest. But the same organisation does not allow
an employee to get relieved before notice period time.
From India, Mumbai
Dear All
I have the same question but a difference situation.
For relieved employees what date can be taken as last working date i.e., as per resignation or as per attendance
please explain with these examples also
1. X applied resignation on 31/03/2017 and he would not like to serve notice period but he is ready to pay a salary in lieu of Notice period ,
What will be his last working day (30/03/2017) or 30/04/2017 and if we issue him experience experience his period of employment will be (30/03/2017) or 30/04/2017
looking forward for helpful reply
Thank you
From Pakistan, Islamabad
I have the same question but a difference situation.
For relieved employees what date can be taken as last working date i.e., as per resignation or as per attendance
please explain with these examples also
1. X applied resignation on 31/03/2017 and he would not like to serve notice period but he is ready to pay a salary in lieu of Notice period ,
What will be his last working day (30/03/2017) or 30/04/2017 and if we issue him experience experience his period of employment will be (30/03/2017) or 30/04/2017
looking forward for helpful reply
Thank you
From Pakistan, Islamabad
Dear Sudhir,
No need to be panic.
Plz make this very simple.
Refer to appointment letter of that employee and do accordingly.
But, yes, this should be mentioned there at the time of preparation.
Else, if he/she is not completing the notice period simply deduct the payment of the gap he/she is not bridging.
Rgds
From India, Mumbai
No need to be panic.
Plz make this very simple.
Refer to appointment letter of that employee and do accordingly.
But, yes, this should be mentioned there at the time of preparation.
Else, if he/she is not completing the notice period simply deduct the payment of the gap he/she is not bridging.
Rgds
From India, Mumbai
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