Umakanthan53
Labour Law & Hr Consultant
Ayakkad
Hr And Soft Skills
Kritikamadan
Recruiting Coordinator

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Hi, I have bee working with my current organization since 2 years and I have been dedicated myself completely in these 2 years. As I am working in night shifts hence I am facing various health concerns, I served a notice period of 30 days, however, i have 11 Earned Leaves.
I am requesting the HR department to adjust them in my notice period and I am ready to provide all the medial documents, still the HR department has denied my request completely. I am looking forward to your kind attention and your suggestions.
Thank you.
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Dear Kritika,
When there is a clear notice period in the exit clause of the contract of employment, its waiver or adjustment against accrued leave for early relief is a matter of pure discretion of the employer. The employee can not prevail over the employer's discretion because of any options mentioned in the contract for the employer can always take refuge under the alleged exigencies of work. If the HR is adamant , better approach the CEO and try to convince him politely. Even, if it fails to work, be prepared to serve the entire notice period.
When your notice period for termination is clear you have to follow this. Adjusting the leave to your credit or allowing you to get relieved early purely depends on the discretion of the Manafement
Hi,
Thank you for your help.
Also, as per the BECA, Section 37(c), if the employee has worked for more than one year then they need to serve a notice period of 4 weeks and I have agreed to that while as per the Section 14 of Specific Relief Act, the employer cannot force an employee to serve a complete notice period if they are ready to pay the amount.
Please suggest.
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