For relieved employees, what date can be taken as the last working date, i.e., as per resignation or as per attendance? Please explain with these examples also:
1. X applied for resignation on 2/11/2014, and after the notice period, he can be relieved on 1/12/2014. However, in this case, if he stops working from 15/11/2014, should 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 for resignation on 2/11/2014, and after the notice period, he can be relieved on 1/12/2014. In this case, if he worked until 15/12/2014, should we consider his last working day as 15/12/2014 or 1/12/2014?
Please let me know if you need further clarification or have any other questions.
From India, Hyderabad
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21. X applied for resignation on 2/11/2014, and after the notice period, he can be relieved on 1/12/2014. However, in this case, if he stops working from 15/11/2014, should 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 for resignation on 2/11/2014, and after the notice period, he can be relieved on 1/12/2014. In this case, if he worked until 15/12/2014, should we consider his last working day as 15/12/2014 or 1/12/2014?
Please let me know if you need further clarification or have any other questions.
From India, Hyderabad
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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
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From India, Delhi
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Hello!!
During the notice period, one is allowed to take pro rata leave only in a judicious manner. Suppose an outgoing employee is entitled to 2 EL, 1/2 CL, and 1 SL, he can avail only 3 1/2 days of leave if he is present all days during the month. His absence beyond 3.5 days will be without pay. Only the Earned Leave balance, though to his credit and available, will be encashed but cannot be allowed to be set off with his unpaid days. The issue relates to discipline and the value proposition. When you take leave against absent days, the employee will receive undue payment of other components like DA, HRA, allowances, etc., but EL is encashable based on basic salary only - a standard HR practice at various large corporates known to be fair, ethical, and practical. How will companies conduct business if employees do not serve and wait for their successor?
Above, I think I have addressed your query. There should be clear communication provided to employees in writing and acceptance from working employees as well.
Regards,
RDS Yadav
Management Consultant and Trainer
From India, Bareilly
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During the notice period, one is allowed to take pro rata leave only in a judicious manner. Suppose an outgoing employee is entitled to 2 EL, 1/2 CL, and 1 SL, he can avail only 3 1/2 days of leave if he is present all days during the month. His absence beyond 3.5 days will be without pay. Only the Earned Leave balance, though to his credit and available, will be encashed but cannot be allowed to be set off with his unpaid days. The issue relates to discipline and the value proposition. When you take leave against absent days, the employee will receive undue payment of other components like DA, HRA, allowances, etc., but EL is encashable based on basic salary only - a standard HR practice at various large corporates known to be fair, ethical, and practical. How will companies conduct business if employees do not serve and wait for their successor?
Above, I think I have addressed your query. There should be clear communication provided to employees in writing and acceptance from working employees as well.
Regards,
RDS Yadav
Management Consultant and Trainer
From India, Bareilly
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Last working day is the last day on which an employee marked attendance or was present. If an employee has tendered a notice of resignation, then their last working day or effective date of resignation as per the notice cannot be preponed or postponed by anyone other than the employee.
The leave policy is governed by enactments applicable to the establishment, for example, the (Name of the state) Shops and Commercial Establishment Act if the establishment is covered by this Act. Thus, the Act does not specify that leave cannot be availed during the notice period; instead, it states that the employee is entitled to leave.
The rate of leave encashment shall also be as per this Act and might not be at the basic rate. It is a matter of policy and the discretion of the employer to offset any leave against the notice period. However, as per the enactment, the annual leave/EL of resigned employees is to be encashed and paid.
From India, Chandigarh
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The leave policy is governed by enactments applicable to the establishment, for example, the (Name of the state) Shops and Commercial Establishment Act if the establishment is covered by this Act. Thus, the Act does not specify that leave cannot be availed during the notice period; instead, it states that the employee is entitled to leave.
The rate of leave encashment shall also be as per this Act and might not be at the basic rate. It is a matter of policy and the discretion of the employer to offset any leave against the notice period. However, as per the enactment, the annual leave/EL of resigned employees is to be encashed and paid.
From India, Chandigarh
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I was offered employment in an MNC company, and in the offer letter, nothing was mentioned about the notice period (till then it was 1 month's notice on either side). I accepted the offer and joined at one of its sites.
My appointment letter was not issued on the date of joining and was issued to me later - after 25 days from the joining date. While issuing, I was told not to mention the date while signing.
In the appointment letter regarding the notice period, it is written as follows: "In case of resignation from services during the probationary period, you shall serve one month's 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 a full notice period of 3 months. Leave or salary will not be adjusted against any shortfall in the notice period."
1) Is this legally acceptable?...as I had no other option but to sign the appointment letter after joining the organization...or else I would have been jobless.
2) Is it possible to work for 1 month and adjust the balance of 2 months with leave/salary.
From India, Mumbai
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My appointment letter was not issued on the date of joining and was issued to me later - after 25 days from the joining date. While issuing, I was told not to mention the date while signing.
In the appointment letter regarding the notice period, it is written as follows: "In case of resignation from services during the probationary period, you shall serve one month's 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 a full notice period of 3 months. Leave or salary will not be adjusted against any shortfall in the notice period."
1) Is this legally acceptable?...as I had no other option but to sign the appointment letter after joining the organization...or else I would have been jobless.
2) Is it possible to work for 1 month and adjust the balance of 2 months with leave/salary.
From India, Mumbai
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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
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From India, Bokaro
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Thank you, Mr. DDOABA and Mr. RDS Yadav, for your valuable reply.
Whenever we are supposed to join a new organization, the HR department of the joining company insists on joining their company at the earliest. However, the same organization does not allow an employee to be relieved before the notice period.
From India, Mumbai
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Whenever we are supposed to join a new organization, the HR department of the joining company insists on joining their company at the earliest. However, the same organization does not allow an employee to be relieved before the notice period.
From India, Mumbai
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Dear All,
I have the same question but a different situation. For relieved employees, what date can be taken as the last working date, i.e., as per resignation or as per attendance? Please explain with these examples also:
1. X applied for resignation on 31/03/2017, and he would not like to serve the notice period, but he is ready to pay a salary in lieu of the notice period. What will be his last working day, 30/03/2017 or 30/04/2017? If we issue him an experience letter, his period of employment will be (30/03/2017) or 30/04/2017.
Looking forward to a helpful reply. Thank you.
From Pakistan, Islamabad
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I have the same question but a different situation. For relieved employees, what date can be taken as the last working date, i.e., as per resignation or as per attendance? Please explain with these examples also:
1. X applied for resignation on 31/03/2017, and he would not like to serve the notice period, but he is ready to pay a salary in lieu of the notice period. What will be his last working day, 30/03/2017 or 30/04/2017? If we issue him an experience letter, his period of employment will be (30/03/2017) or 30/04/2017.
Looking forward to a helpful reply. Thank you.
From Pakistan, Islamabad
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Dear Sudhir,
No need to panic. Please make this very simple. Refer to the appointment letter of that employee and proceed accordingly. However, ensure that this is mentioned at the time of preparation. Alternatively, if he/she does not complete the notice period, simply deduct the payment for the gap he/she is not bridging.
Regards
From India, Mumbai
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No need to panic. Please make this very simple. Refer to the appointment letter of that employee and proceed accordingly. However, ensure that this is mentioned at the time of preparation. Alternatively, if he/she does not complete the notice period, simply deduct the payment for the gap he/she is not bridging.
Regards
From India, Mumbai
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