Can an employee initiate exit on leave or holiday? Is it statutorily permissible?
From India, Valsad
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From India, Valsad
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Technically, I do not see why not Can you explain why you believe it is against statutory provisions?
From India, Mumbai
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2495From India, Mumbai
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Dear Colleague,
There is no legal provision prohibiting an employee from initiating an "exit on a leave or holiday." This should be looked at purely from an administrative angle, not a legal one, as there is no such prohibition in any law. If there is a specific mention in your Standing Order or Service Rules, then you can check for that. In the absence of this, you may only insist on serving the notice period, and you cannot deny such initiation. You may demand that the employee hands over the company properties/assets and transfers the charges to the assigned person, etc.
From India, Chennai
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There is no legal provision prohibiting an employee from initiating an "exit on a leave or holiday." This should be looked at purely from an administrative angle, not a legal one, as there is no such prohibition in any law. If there is a specific mention in your Standing Order or Service Rules, then you can check for that. In the absence of this, you may only insist on serving the notice period, and you cannot deny such initiation. You may demand that the employee hands over the company properties/assets and transfers the charges to the assigned person, etc.
From India, Chennai
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The notice period commences from the day same has been intimated. Legality has already been intimated by members Col.Suresh Rathi
From India, Delhi
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From India, Delhi
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Normally, the practice is that one will be treated legally as 'exit' only after his/her resignation is submitted, accepted, and relieved after completing all formalities, including the Notice Period. Therefore, unless a serving employee reports back after completing leave or duty off, how can he/she complete the legal 'handing over' and relieving mechanism? This situation may only occur in exceptional cases such as terminal illness, accidents, incapacity thereafter, or being medically unfit.
From India, Bangalore
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From India, Bangalore
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
EMPLOYEE EXIT CHECKLIST.doc