I wanted to know if an employee applies for an open advertisement in the same company for a higher position and gets selected, will they be able to use the remaining leaves (CL, EL, and Compensatory leave) from their previous position, or will their previous leaves lapse upon joining the new role?
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Why full & final settlement / Final Clearance of ex employee not done after he left the organization?
From India, Pune
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494From India, Pune
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Dear Ansishere,
In my personal opinion, such a situation is to be viewed from the HR policy perspective of the organization rather than a legal perspective. For instance, if you consider the practice being adopted in government service, the process of the transition of an existing employee from a lower cadre post to a higher cadre post in the same department or other through direct recruitment is not treated as termination of service but as a transfer of service only. This is to enable the incumbent to maintain continuity of service and leave benefits, subject to the condition that the employee should ensure there would be no break in service.
Regarding the specific point you raised, if the leave conditions are the same for both posts, then since the employee and the employer are the same, the existing leave account can be continued. As I mentioned at the outset, it depends upon the policy of the organization.
Thank you.
From India, Salem
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In my personal opinion, such a situation is to be viewed from the HR policy perspective of the organization rather than a legal perspective. For instance, if you consider the practice being adopted in government service, the process of the transition of an existing employee from a lower cadre post to a higher cadre post in the same department or other through direct recruitment is not treated as termination of service but as a transfer of service only. This is to enable the incumbent to maintain continuity of service and leave benefits, subject to the condition that the employee should ensure there would be no break in service.
Regarding the specific point you raised, if the leave conditions are the same for both posts, then since the employee and the employer are the same, the existing leave account can be continued. As I mentioned at the outset, it depends upon the policy of the organization.
Thank you.
From India, Salem
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Why did this talented employee leave.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf