Dear All
i have some confusions related to Resignation and termination please guide me in the below mentioned situations in terms of legislation
Muqarrab Iqbal
Assistant Manager HR
From Pakistan
i have some confusions related to Resignation and termination please guide me in the below mentioned situations in terms of legislation
- a employee has resigned from service with one month notice he has leave in his balance but there is no policy for encashment can he avail his balance during the notice period or can be adjusted in his notice period
- a employee has been terminated from service with one month notice he has leave in his balance but there is no policy for encashment can he avail his balance during the notice period or can be adjusted in his notice period or will be encashed in case of termination
Muqarrab Iqbal
Assistant Manager HR
From Pakistan
In either case if an employee has to avail his un availed leave during notice period, approval of the management is required. If the standing order is silent in this respect, the management has the right to refuse leave during notice period especially when the employee has served notice. This is because, the very purpose of notice is that an employee should give sufficient time to the employer to find a suitable replacement and as such till a suitable candidate is placed and charges handed over the employee is expected to work.
If the leave is not encashable, normally, the employee will be permitted to take leave during the notice period. But it is an internal matter only and there is no specefic rule to this effect.
Regards,
Madhu.T.K
From India, Kannur
4193If the leave is not encashable, normally, the employee will be permitted to take leave during the notice period. But it is an internal matter only and there is no specefic rule to this effect.
Regards,
Madhu.T.K
From India, Kannur
I agree with Mr.Madhu,
In some companies the leave is not encashable during the notice period.
But regarding availing the leave during the notice period, the approval of the leave sanctioning authority is required, which may vary based on the duration of the leave which the separating employee is applying for. In addition, if there is separate provision regarding the same in the Standing Orders/Service Rules the same will come to play
Regards
Premson
From India, Mangaluru
In some companies the leave is not encashable during the notice period.
But regarding availing the leave during the notice period, the approval of the leave sanctioning authority is required, which may vary based on the duration of the leave which the separating employee is applying for. In addition, if there is separate provision regarding the same in the Standing Orders/Service Rules the same will come to play
Regards
Premson
From India, Mangaluru
I am agree with the answers, if an employee has to avail his un availed leave during notice period, it is management discreation to allow leave or not. Either there should be some clause in the standing order in this respect otherwise the management has the right to refuse leave during notice period.
Also you have to check with the labour laws.
At here above is not applicable for all catagory of leaves, at the time of fulll & final settlement, as per factory act, encashment of balance EARN LEAVE/ PAID LEAVE will be given to the employee. This is applicable in case of resignation as well as termination.
S. Parashar
Also you have to check with the labour laws.
At here above is not applicable for all catagory of leaves, at the time of fulll & final settlement, as per factory act, encashment of balance EARN LEAVE/ PAID LEAVE will be given to the employee. This is applicable in case of resignation as well as termination.
S. Parashar
Hi Iqbal
Let's first understand the basic difference between Resignation and Termination.
Resignation is leaving the services by ones own will while termination is doing away with some one's services for misconduct etc / as per terms of appointment. Terminations are generally preceded with the issue of formal charge sheet and enquiry / advance notice. It is a Management action. Now coming to the second point: Encashment of due leaves ?
As you know the main purpose of keeping the provision of notice period is to arrange for the replacement ones an employee resigns. The resigning employee is supposed to work during the notice period.
Now there could be many scenarios here. For example an employee
resigns but as a good riddance , Management relieves him forthwith. In such cases generally leaves to one's credit are encashed. Terminations are with immediate effect and in such cases also balance leaves are en- cashed. After all an employee earns them and therefore as a matter of fair practice either they should be encashed or if a resigning employees wants, they should be adjusted against his notice period if the Management in a position to relieve the employee forthwith. Where an employee works during his notice period , leaves to his balance are encashed.
Best
Jai
From India
Let's first understand the basic difference between Resignation and Termination.
Resignation is leaving the services by ones own will while termination is doing away with some one's services for misconduct etc / as per terms of appointment. Terminations are generally preceded with the issue of formal charge sheet and enquiry / advance notice. It is a Management action. Now coming to the second point: Encashment of due leaves ?
As you know the main purpose of keeping the provision of notice period is to arrange for the replacement ones an employee resigns. The resigning employee is supposed to work during the notice period.
Now there could be many scenarios here. For example an employee
resigns but as a good riddance , Management relieves him forthwith. In such cases generally leaves to one's credit are encashed. Terminations are with immediate effect and in such cases also balance leaves are en- cashed. After all an employee earns them and therefore as a matter of fair practice either they should be encashed or if a resigning employees wants, they should be adjusted against his notice period if the Management in a position to relieve the employee forthwith. Where an employee works during his notice period , leaves to his balance are encashed.
Best
Jai
From India
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