Hi Readers,
I have situation in my hand, which is in need of your precious advice.
The matter is as such :-
1) An employee has resigned on Jan 1, 201.
2) Her notice period is for 1 month only.
3) Now she wants to go for leave from Jan 16 to Jan 30, 2011.
4) She will again join back office on Jan 31, 2011 to do the handover and exit formalities.
5) Her dept supervisor has approved that leave against the Privilege Leave.
6) PL is also adjustable against notice period.
7) She has 50 PL with her as on Jan 1, 2011.
a) Can HR stops her from going on leave under this scenario? Though her dept don't have any issue with her of any sorts. HR is worried that she may be employed in new company and as well as the present company, and it is very tough to caught.
b) Also want to know which are the big companies in India, who allow employees to take leave during Notice period.
Thanks & Regards
Rajiv Mitra
From India, New Delhi
Hello,
What the company's stand on such an issue? Are there codified rules for Leave and Notice Period management? What do the terms & conditions of employment say on this isue?
Conceptually it is WRONG for the Department Head to grant her leave in this manner as:
In the present scenario also you are going to pay her for the month anyway as she is granted leave out of the leave lying to her credit!!!
Normally it is possible for the company to pay her all her dues INCLUDING one month's salary in lieu of notice period, accept and implement her resignation with immediate effect and ask her to stop coming to work forthwith! This is so as a resigned employees (not necessarily, as a rule) tend to ignore work commitment during the notice period!
But all that I am saying is limited by what is stipulated in the terms & conditions of employment. The provisions of the employment contract will prevail, if no law is involved and in this case no law is involved anyway!
Your Department Head's decision is administratively incorrect for the reasons already stated. Further, he has NOT taken company interests into account while taking a decision on an important matter without involving HR.
I hope I have generated clear perspectives on the subject. Further querries, if any will be answered!!!
Regards
samvedan
March 14, 2011
-------------------
From India, Pune
315What the company's stand on such an issue? Are there codified rules for Leave and Notice Period management? What do the terms & conditions of employment say on this isue?
Conceptually it is WRONG for the Department Head to grant her leave in this manner as:
- She may not be able to properly hand over charge of her work,
- She may not be able to complete "clearance" formalities in time,
- It is a bad precedent that others will want to use and it will be difficult for the company to deny except with arbitrary authority.
In the present scenario also you are going to pay her for the month anyway as she is granted leave out of the leave lying to her credit!!!
Normally it is possible for the company to pay her all her dues INCLUDING one month's salary in lieu of notice period, accept and implement her resignation with immediate effect and ask her to stop coming to work forthwith! This is so as a resigned employees (not necessarily, as a rule) tend to ignore work commitment during the notice period!
But all that I am saying is limited by what is stipulated in the terms & conditions of employment. The provisions of the employment contract will prevail, if no law is involved and in this case no law is involved anyway!
Your Department Head's decision is administratively incorrect for the reasons already stated. Further, he has NOT taken company interests into account while taking a decision on an important matter without involving HR.
I hope I have generated clear perspectives on the subject. Further querries, if any will be answered!!!
Regards
samvedan
March 14, 2011
-------------------
From India, Pune
Hi
Further to the above scenario, I am adding this piece of informations to give more clear picture of the same.
1) We have no rule in written in the contract letter, that state that one can't take PL / SL during the notice period.
2) We never circulated any such advice to our employees in mails or through circular ever.
HR is in tussle with HOD of the same dept on the same issue, hence can't say what will be company stand. But we are fighting on this case, as in past also many cases have been recorded where the employee was in a dual payroll and we have take legal steps in such cases.
Also want to know which are the big companies in India, who allow employees to take leave during Notice period.
Thanks & Regards
Rajiv Mitra
From India, New Delhi
Further to the above scenario, I am adding this piece of informations to give more clear picture of the same.
1) We have no rule in written in the contract letter, that state that one can't take PL / SL during the notice period.
2) We never circulated any such advice to our employees in mails or through circular ever.
HR is in tussle with HOD of the same dept on the same issue, hence can't say what will be company stand. But we are fighting on this case, as in past also many cases have been recorded where the employee was in a dual payroll and we have take legal steps in such cases.
Also want to know which are the big companies in India, who allow employees to take leave during Notice period.
Thanks & Regards
Rajiv Mitra
From India, New Delhi
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