Hi,
If an employer asks an employee to leave, giving him/her time to complete the entire notice period, then:
1. Can the employee take leaves during the notice period to attend interviews?
2. Can the employer deny the request and deduct money from his/her F&F?
Regards,
Aarti
From India, Bangalore
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1If an employer asks an employee to leave, giving him/her time to complete the entire notice period, then:
1. Can the employee take leaves during the notice period to attend interviews?
2. Can the employer deny the request and deduct money from his/her F&F?
Regards,
Aarti
From India, Bangalore
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Dear member,
It depends on the policy of the company. Some organizations do not allow an employee to proceed on leave during the notice period, while some allow casual leave to be taken but not the earned leave. Considering your situation, there should be no reason for the organization to refuse you leave to attend interviews. However, if the company policy does not allow taking leaves and your leave is not approved as a special case, then the employer can deduct money from the F & F.
Regards,
Preetam Deshpande
From India, Mumbai
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It depends on the policy of the company. Some organizations do not allow an employee to proceed on leave during the notice period, while some allow casual leave to be taken but not the earned leave. Considering your situation, there should be no reason for the organization to refuse you leave to attend interviews. However, if the company policy does not allow taking leaves and your leave is not approved as a special case, then the employer can deduct money from the F & F.
Regards,
Preetam Deshpande
From India, Mumbai
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Hi,
If the employee is treated as a consultant (drawing consultancy charges with the deduction of TDS from their amount), then there is no question of Notice period payment, and leave encashment also does not come into picture, right?
Kindly provide clarity.
Thanks & Regards,
Shubhra
From United States, Duluth
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If the employee is treated as a consultant (drawing consultancy charges with the deduction of TDS from their amount), then there is no question of Notice period payment, and leave encashment also does not come into picture, right?
Kindly provide clarity.
Thanks & Regards,
Shubhra
From United States, Duluth
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Hi,
In this case, the company should allow employees to go for interviews because the company is undergoing a reduction. Normally, employees should not take leave, and the company does not typically grant leave during the notice period as the handover process is ongoing. However, the scenario here is quite different. It would be advisable to discuss this matter with the HR department or management.
Regards,
Hardik
From India, Ahmadabad
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In this case, the company should allow employees to go for interviews because the company is undergoing a reduction. Normally, employees should not take leave, and the company does not typically grant leave during the notice period as the handover process is ongoing. However, the scenario here is quite different. It would be advisable to discuss this matter with the HR department or management.
Regards,
Hardik
From India, Ahmadabad
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Hi Shubhra,
This is a full-time employee (FTE) that I am talking about who has been on the organization's rolls for over a year. Now, with management changes in the business, the skills of this employee are no longer required. Consequently, the employee has been asked to leave, with a notice period provided for completion.
Regards,
Aarti
From India, Bangalore
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This is a full-time employee (FTE) that I am talking about who has been on the organization's rolls for over a year. Now, with management changes in the business, the skills of this employee are no longer required. Consequently, the employee has been asked to leave, with a notice period provided for completion.
Regards,
Aarti
From India, Bangalore
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Normally, leave is not allowed in the notice period. However, in this case, you are asking someone to resign and to find a job during the notice period. If you do not allow him to leave, how will he get a job? You can, of course, deduct salary for the days he has not come. But then, if the employee has worked for more than a year, he will also have pending leave in his account that, as per the Factories Act and Shop and Establishment Act (at least in Maharashtra and Gujarat), you are required to reimburse when he leaves. So the net effect may be zero.
From India, Mumbai
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From India, Mumbai
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc