Saswatabanerjee
Partner - Risk Management
Hardik1087
Compensation Mgt, Performance Appraisal &
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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 notice period to attend interviews
2. can the employer deny the request and deduct money from his/her F&F
Regards
Aarti
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Dear member
It depends on the policy of the company. Some organisations do not allow an employee to proceed on leave during notice period while some allow casual leave to be taken but not the Earned leave. But considering your situation there should be no reason for the organisation 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
Hi,
If the employee is treated as an consultant ( as drawing the consultancy charges with the deduction of TDS in their amount), then their is no question of Notice period payment & leave encashment also doesnot come into picture..rignt?
Kindly, provide the clarity?
Thanks & Regards,
Shubhra
Hi,
In this case company should allow to go for interview. because company is going for reducing. Normally employees should not take leave & company is also not allowed for granted leave in notice period because in that time handover process is going on. but here scenario is total difference. So discuss with HR person or management.
Regards,
Hardik
Hi Shubhra,
this is an full time employee ( FTE) that I am talking about who has been on the organization rolls for over an year. Now as there are management changes in the business the skills of this employee are no longer required and hence the employee has been asked to leave with giving him/her time to complete notice period.
Regards
Aarti
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 leave, how will he get a job ?
You can ofcourse 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 to his account, that as per 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
In all fairness he should be allowed leave. If the policy doesn’t permit then the notice period could be extended by the very same no.of days of leave availed.
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