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hi
can anyone throw some light whether it is a statutory requirement to pay the earned/ paid leave to any employee who is on probation and has resigned while on probation??? :!:
or it is dependent on organisation what rules they make ???
rahul verma

I think you need to put up certain limit say one year i.e an employee should complete atleast one year in that organisation and then can ask for repayment of leaves after resignation.
What was the probation period of this employee? An emplotee who is on probation should not be paid PL etc.
Even I have just entered the corporate world so I have just mentioned things which I know so I would request Seniors to help us.
Regards,
Purva

This is SOS call to all Seniors and seosoned professionals to help on the above issue.
thx
rahul
(*For further information, the employee who has resigned is on probation, joined 6 months back. Our company has 1 year probation period.

Dear Rahul,
This all depends on company leave policy..
In most of the organisation while preparing the same it is been recorded 7 days during probation period and the probation period is of 6 months..
And yes if one resigns during the above said period, we use to ask for 7 days notice and after serving the notice and accepting the resignation.. while preparing Full & Final of the said employee we do encash his remaining leaves of that period..
Regards,
Amit Seth.

Hi,
I am a MBA-HR fresher and recently formulated leave policy for my organisation. My boss wants to deduct salary of employee who are on probation no matter it is sanction or unsanctioned leave.
But I feel though an employee is on probation his salary should not get deducted if he takes leave.
I want to know is there any law regarding this or it totally depends on employer.
Regards,
Purva

Dear Rahul,
This question depends on company's policy. Also, it is always mentioned in the company's Standing Orders.
Normally, companies have a Leave Policy wherein the employees are granted 7 CL, 7 SL & 24 EL/PL. The probation period might be, say 6 months.
Now, my personal experiences with 3-4 MNCs are that your leave account may start from the date of joining, however you can actually take that benefit after confirmation (when probation period gets over).
In your case, you are not supposed to pay anything w.r.t LEAVE to the employee, except if your policy mentiones anything on that part.
Regards,
Shaunak Marulkar

Dear Purva It depends on the company policy. Your company is not liable to pay for EL to any employee if he leaves in probation period. Regards Neetu
If your company is registered under Shops * establishment Act/Factory Act - then the employee is entitled to get...refer law
Dear Rahul Verma,
Firstly i would like to state that your orgnisation will definetly be covered under Shop & Estb. Act, or Factories Act., therefore its a statutory requirement to pay leave salary (Leave Encashment) at the time of making full & final payment of an employee whether the employee is confirmed or on probation.
Now there may be in most of the organistion, In there leave policy a probationer is not entiltled for availing the earned leave. but Earned leave shall be credited in his or her leave account on completion of one year (240 days or two third of available days in a calender year) which includes his probation period also.
Thanks,
Mohd. Arif Khan

hi,
Usually in many companies employees are not entitled for any EL during their probation period. According to Act an Worker will be entitled for one day EL for 20 days of actual working. and these dosenot include sundays and other Holdiday. In order to get one EL an employee should be physcially working in the work place for 20 days. For staff level it depends upon the company leave policy. Every where it is given 21 days as EL. Again EL is earned after completion probation period.
Regards
Priya


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