One of our employee is going to complete 60 year in Feb.2018 after 25 year service in the organisation, his retirement information given to him to relieve on 28/02/2018, but he applied for Earn Leave from 15/02/2018 to 28/02/2018. His present designation is Manager.
My query is that:-
(1) Can any employee's retirement relieving can be made during his Earn Leave period.
(2) Can we adjust his leave against balance E.L.
(3) Please suggest if any affect in his retirement benefit.

From India, Raipur
Labour Law & Hr Consultant
Insolvency N Gst Professional
Management Consultancy
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Working With Raymond's Group Thane
+1 Other


Is the employee joining back on 28 Feb? Then if he has accumulated EL there should be no issue.
From India, Pune
No, he will not back on 28/02/2018
From India, Raipur

He should be asked to join back on last day and then relieved.
From India, Pune
No, it is not possible to join on 28/02/2018, due to his daughter’s marriage. We need to resolve this matter so that it become example for future in the organisation.
From India, Raipur

There are several instances in which the employee has to be relieved in absentia. In such cases, the employee is allowed to complete all formalities regarding retirement by his last working day including handing over charge/office material in possession and he proceeds on leave as planned and on the retirement day order is issued stating that :" On attaining the age of superannuation, Mr X, Employee no. -----, -------- (Designation) , ----- Department stands relieved of his services in this organisation on the afternoon of ../../.. (28/02/18 in this case) " and the rest of the formalities are completed.
From India, Mumbai
Really, it is a very tricky situation. Normally, the process of joining on fresh appointment can not be completed in absentia; so is the process of relieving on retirement. How ever, there may be exceptional circumstances warranting the kind of action as suggested by Mr.KK!HR in respect of retirement.
From India, Salem
Dear colleague,
I do not see any issue here as I have not come across any legal provisions which requires retiring employee to be present at work on his last day at least in private sector. If leave is granted beacause which he is unable to attend on last day, he can still be relieved in absentia and his post retirement formalities can be done subsequently on mutually convenient date.
Vinayak Nagarkar

From India, Mumbai
It seems that the Manager has been sanctioned Leave to perform his daughter's marriage. That being the case; he can be allowed to avail leave & perform the marriage; rather than asking him to be present on his daughter's wedding day. The Departmental work of retiring & settlement can be worked out if there are no major issues to settle his account; and formalities completed the next day; of his reporting to office. There may not be any issue as opined by other members.
c.neyimkhan, HR Consultant

From India, Mumbai
Dear Rakesh,
There is no big issue on it, You can finish up all the formalities regarding the supper annuation on or before 14.02.2018 before employee goes on leave. If you are apprehending anything foul on it an official communicatione can be made giving details of the situation.
You close your part on or before 28.02.2018. The matters remain on part of employee can be done after 28.02.2018. The leave employee is availing to be get adjusted from the balance E.L or the management can consider upon 25 years long service to the company. There is absolutely no affect to the employee retirement benefit except the leave availed 15 to 28 Feb.

From India, Mumbai

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