Hello Seniors,
I write to enquire the general rules around the leave entitlement during notice period in a corporate.
What does the law say about this? Is it mandatory to mention this rule in the HR policy handbook of teh company?
From India, Delhi
4I write to enquire the general rules around the leave entitlement during notice period in a corporate.
What does the law say about this? Is it mandatory to mention this rule in the HR policy handbook of teh company?
From India, Delhi
does verbal notice period valid ? eg - if a employee is told to sit a home for 3 monthas and look out for job, company will pay salary for 3 months , but this is all verbal communication , is this notice period valid ?
please advice
From India, Mumbai
please advice
From India, Mumbai
In my view, since an employee works during the notice period, he earns leave for that period and thus entitled to it. The leave policy on EL can usually admit of such intepretation unless a company expressly prohibits accrual of leave during notice period. Since this issue normally nags the minds of the employees it is better if it finds a place in your HR manual since the object of it is to clarify but not to confuse issues.
B.Saikumar
HR &Labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR &Labour Law Advisor
Mumbai
From India, Mumbai
Just to add...we do not follow any concept of earned leave/casual leave/sick leave etc. We simply allow Annual leave of 23 days in a calendar year. What can be done in such a case?
From India, Delhi
From India, Delhi
Dear Jyoti
As you have asked in your earlier query about earn/annual leave during notice period ,so mr saikumar has rightly said.
ofcourse ,we will not be able to comment on your number of leave provided by you beacuse it depends upon state where your office is located,secondly whether you are covered under factories act or shop and establisment act.
From India, Delhi
As you have asked in your earlier query about earn/annual leave during notice period ,so mr saikumar has rightly said.
ofcourse ,we will not be able to comment on your number of leave provided by you beacuse it depends upon state where your office is located,secondly whether you are covered under factories act or shop and establisment act.
From India, Delhi
Jyoti. As Saikumar said because employee is actively on payroll during notice period he/she should be entitled to all normal benefits.
To further clarify if part or full notice period is waived, the day the employee ceases to be on payroll all pay and benefits stop. Hope this helps.
From Pakistan, Karachi
To further clarify if part or full notice period is waived, the day the employee ceases to be on payroll all pay and benefits stop. Hope this helps.
From Pakistan, Karachi
I am not sure whether I agree with this. Technically, it may be correct, that a person continues to earn benefits while he is on the payroll. However, we seem to forget that all employment is a contract, and a contract contains within it certain commitments privileges and benefits. When the time for separation comes in, we are working towards the satisfactory conclusion of a contract. The notice period is the time for conclusion of ones commitments. As such the period of conclusion of ones responsibilities, should not attract a benefit other than the stipulated salary, as it is incumbent in the contract to discharge ones commitment
From India, Bangalore
From India, Bangalore
Marykate
a contract is a bilateral committment from both parties.When the employee discharges his part of contract by attending office during notice period to discharge his commitments, the mangement is too under obligation to allow the benefits admissible to him under the leave policy which forms part of the contract.A contract acquires more sanctity when both the parties dicharge their commitments thereunder both in letter and spirit than expecting the other to be sacrificing his rights.
B.Saikumar
HR&Labour Law Advisor
Mumbai
From India, Mumbai
a contract is a bilateral committment from both parties.When the employee discharges his part of contract by attending office during notice period to discharge his commitments, the mangement is too under obligation to allow the benefits admissible to him under the leave policy which forms part of the contract.A contract acquires more sanctity when both the parties dicharge their commitments thereunder both in letter and spirit than expecting the other to be sacrificing his rights.
B.Saikumar
HR&Labour Law Advisor
Mumbai
From India, Mumbai
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