Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bonzie
Intelenet Global
Shubhamgoel123
Software Developer

Thread Started by #shubhamgoel123

If an employee is on leave from 1'st of Jan to 5th of Jan and he/ she resigns on 3'rd of Jan. So my question is, will these three days from 3rd of Jan to 5th of Jan count under notice period or not? These all of the leaves are preapproved and already updated in the system.
8th January 2017 From India, Bengaluru
Hi, As per the question about leave I can only say if you have any leave in your bucket than I believe you are entitled to get that . Even though you have left the company before 5th. I hope that answer your question.
Thanks
8th January 2017 From India, Mumbai
Hi @Bonzie, I know we can take leave but i just want to whether pre approved leaves count under notice period or not? Thank You
8th January 2017 From India, Bengaluru
The notice period will start only after the person re joins.
No leave, preapproved or otherwise would be allowed during notice period. Notice period would then have to be extended by the number of leaves taken
8th January 2017 From India, Mumbai
Fully agree with Mr. Banerjee the Notice Period starts once the person joins back from his/her leave subject to acceptance of resignation.
9th January 2017 From India, Ahmadabad
Dear Shubham,

I beg to differ with Mr Banerjee and Saji both. There is no need to link resignation and pending leave. There is no relation between the two. Why discuss about pre-approved leave alone? If situation merits or employee desires, he/she may apply for the leave during the notice period and if HOD approves it, he/she may avail it of.

When employee works for 20 days, he/she becomes eligible to get 1 day leave. That is why it is also called as "earned" leave. What company has right to withhold someone's legitimate "earning"?

As far as law is concerned, none of the labour law like factories act, shops and establishment act or standing orders act does not handle issue of approval of leave during the notice period. Since the matter is within the purview of the company administration discretion demands to make employee friendly policy and allow the resigning employee to avail of leave.

It appears that the query has been raised with particular psychological moulding. Sooner employee submits resignation, tendency is treat him/her as outcaste or consider him/her as worthless. However, employee's contributions in the past cannot be overlooked.

Our primary job to is to run enterprise smoothly, satisfy our customers, introduce innovative products or services. Therefore, it is better to concentrate on primary activities rather than being intrusive while dealing with the employees.

Thanks,

Dinesh Divekar
9th January 2017 From India, Bangalore
I would like to add somethig more to Dinesh's observation on the issue by way of further explanation. Let us juxtapose the purposes behind grant of leave and issue of notice for unilateral termination of employment and analyse both objectively.

Leave is a statutory benefit available to the employees subject mostly to the prior approval of their employer while notice of unilateral termination of employment is a stipulated condition to be fulfilled as per the terms of the contract of employment. Combining both is a matter of convenience and discretion of both the employer and employee depending on the situation. Neither the Standing Orders or the Service Regulations nor any Employment Law can set down any concrete dictum in this regard. The reason is that the enjoyment of leave during the course of employment and the issue of notice for unilateral termination of employment are not absolute in their very characters in spite of the stipulations in these regards. For example, an employer can at any time recall the employee on leave if the exigencies of work so demand and an employee has the option to buy out the notice period in stead of actually serving it if his exit is so urgent. Therefore, combining of both to the disadvantage of the employee would not only be irrelevant but also a bad HR practice as observed by Dinesh.

If the employer insists that the notice period would be reckoned after rejoining from leave only, the employee may choose to buy out the entire notice period to get himself relieved forthwith. Can the employee turn down the offer of notice salary in lieu of notice and insist the retention of his employment through out the notice period? We should not forget that notice for unilateral termination is only to facilitate the exit process smooth and peaceful.
9th January 2017 From India, Salem
Dear Mr. Dinesh
Leave and Resignation cannot be combined as rightly said by Mr. Umakanthan, the poster's query is that whether 3 days leave out of 5 days leave can be treated/counted as notice period wherein have replied no because if e.g. An employee got an offer and is supposed to join within 7-10 days and he/she have 50 days leave balance, his/her notice period is for 30 days, what he/she will do is get his/her leave approved for one month and resign on the very first day of his/her leave and join the new company. In such case he/she is doing dual employment. Hence my view/reply to the poster was that the notice period starts after re joining from the leave subject to acceptance of the resignation.
10th January 2017 From India, Ahmadabad
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