Leave cannot be demanded as a matter of right.

If the reasons advanced by the employee are genuine, the employer can grant leave, otherwise can refuse and treat the employee absent.

Tou can mark him absent, take disciplinary action and instead of letting him resign, dismiss him from service. This will serve as deterrence for other employees.

In any event, best advice can be given only after perusing appointment letter, resignation and leave request of the employee.

S K Mittal

From India, Faridabad
Dear Nagarkar Vinayak, Thank you for the valuable suggestions.
From India, Gurgaon
Dear All, Please confirm is it legal if i relieve him early and don’t give him salary for the rest of the days left in his notice?
From India, Gurgaon
Can you share the copy of his Offer of appointment in this platform?
From India, Aizawl
Dear Rkn61,
Please check the below mentioned clause.

End of Service

(i) Retirement from service
You will retire from the services of the Company on reaching your 60th birthday as recorded with us.
(ii) Termination
(a) The Company may at any time, terminate your employment by giving you a notice of one month or payment in lieu of notice.
(b) The Company shall be entitled to terminate your employment without any notice and with immediate effect under the following circumstances:
-You fail to perform any of your obligations or are negligent in the performance of your duties;
-You violate any of the Company’s policies;
-You commit any act of misconduct or act in breach of trust or breach of faith or you are convicted of any criminal offence or commit any act of fraud or dishonesty relating to your employment.
(iii) Resignation
You may resign from the services of the Company at any time, by giving a notice of 30 days. Notice period shall become effective from the date of receipt by the Company, of the letter of resignation. If you do not serve the notice period mentioned, the Company shall be entitled to set off from any payments to be made to you by the Company upon termination, the proportionate salary for the notice period not served by you.

Please note that the notice period is mandatory and non-negotiable. The Company may, having regard to the facts and circumstances and entirely at its sole discretion, extend the notice period if required.
During the notice period, you will not be entitled to any leave.
The Company, at its sole discretion, may choose to relieve you any time during your notice period.

From India, Gurgaon
In the clause of separation (end of service) it is very clearly mentioned by the management that
during notice period, the resigning employee is not entitled to any leave.

But the concerned employee took leave with or without information and this act of his
tantamount to gross negligence and indiscipline by way of :-

1) Violating company policies
2) Failure to perform any of his obligation or is negligent in the performance of his duties.
3) Any act which is subversive of discipline and good behaviour.

You can terminate his services with immediate effect, and document it.

From India, Aizawl
Dear Rkn61, Thanks a ton for this solution. And thank you all for being so supportive. It means a lot.
From India, Gurgaon
2 options can be implied 1. extend the notice period by no of leave days. 2. notice pay to be deducted for no of shortfall days.
From India, Ahmadabad

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