Hi Indranil
First of all I believe that you have been badly hurt by your HR. I always have an opinion for HR, that in any such case, always should remain calm and try to understand the employee point and make him understand the actual policy/reason.
In your case Indranil, during notice period no leave are acceptable, but surely if you have to go for any urgent work, you could be permitted for the same, but then your notice period will be extended. To justify my statement -
1. Notice period is actually a hand over period. Further it is not only question of hand over but also you are required to finish off your present work within limited period of time and train the new person. Now think that is it possible that you be given leaves you want and again you have to finish the work as defined here above.
2. Rules are made for all and not for one person. If you have 20 leave pending, you can avail them if permitted as you stated and finish off your notice period. Is it possible in that case that you complete the work as stated in point no.1 in this case.
3. As you have point that during employment period if you are permitted leave, why not during notice period. but again here the limited time period problem arrives, whereas during employement period company has assurance that you will come down and finish off you work, but do the company have assurance that after notice period you will come and finish off your work?
4. As a good HR and company policy, a company may permit you to go for some urgent work during notice period, but then it needs to extend the notice period, as you have to finish off your work as stated in point no.1.
I believe you may have got the point and answere to your questions.
Regards
Meghal
Quote:
Originally Posted by Indranil  Thanks for your response. Actually in the instant case the sanctioning authority do not have any reservation to sanction, however, he is requesting a clarification regarding admissibility vis-a-vis policy issue. Unfortunately, the service condition remains uncovered.
My immediate reaction was if the employee is otherwise eligible (suppose if he had not submitted the resignation) better to allow leave. Also in the present situation in case of resignation only 50% of EL in credit is allowed for encashment. So, also ethically it is inappropriate to disallow. I am also averse to extend the notice period as one employee has enjoyed/approached for leave for part of notice period.
However, one Sr Executive is of the opinion that the leave is not allowed during the notice period and there are case law in this respect. However, I put forth few situation defending my point,
1) The employee may ask EL/PL on medical ground in absence of sick leave. - One can argue by introducing medical check up etc.
2) The employee may ask EL/PL for dependent's treatment - the employer can not force a medical check up in this case.
3) The outgoing employee may ask for EL/PL for personal reason or most generously ask for preparatory leave prior to join new end - if the situation (1) and (2) is agreed then why we refuse in (3) case. After all, why I should put my head on such trivial matters.
Definitely, one needs to keep parity before decide.
Also refusal of post-sanction may open a new dimension regarding the service continuity of the relevant period and may create problem for post separation terminal settlement.
Summing up I mean if enjoying such leave is not a act of indiscipline or against the interest of orgn. better to grant it. Only because somebody tendered resignation does not entails the management to refuse the leave - that I believe.
I approached because I simply wanted to know existence of any such case law to check veracity of my interpretation.
Thanks again to you all. |
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