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8th January 2017 From India, Bengaluru
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.
9th January 2017 From India, Bangalore
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
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