Partner - Risk Management
Labour Law Index
NP is an established provision to intimate in advance to the either party, of separation intended.
While leave ( of any type ) is being accrued & due to avail & encase permissible balance for the purpose - during serving period or could be adjusted in lieu of NP while leaving, as per the leave policy established in any organisation.
However, any type of such leave is being accrued & due ( can be earned ) during NP also, as the PERIOD of NOTICE also construed as continuity of master & servant relations, till the date of relieving \ Last Working Day.
I hope it is cleared.
Thanks with sincere regards,
NARMADA BIO-CHEM LIMITED.
m : 97277 00495
27th October 2016 From India, Ahmedabad
Guys explain clearly, not in round & about manner.
28th October 2016 From India, Mumbai
First, you must always explian what type of organistion you are working for and where it is located, as the answer to your question depends on that. it also depends on the kind of employee you are talking of, your internal HR rules and your standing orders.
Under factory act, you are required to update the leave records in January of each year with the number of days credited depending on the number of days worked. So if your notice period was any time after january, there is no question of leaves added to the record for the notice period. if your notice period was partly in december, then it would count, as the number of leave credited would depend on the number of days worked in the previous year and notice period days are also a part of "days worked".
However, you need to check if your standing orders has any specific requirement on this matter
5th November 2016 From India, Mumbai