Is the employee during the notice period is allowed for any official travel . If at all allowed to travel what are the precuations we need to take to avoid any legal issues
From India, Coimbatore
From India, Coimbatore
Dear Rajesh S,
Submitting a letter of resignation and on-duty outstation travel are two independent activities. What one activity has a bearing on another? Why there is confusion or doubt? On-duty travel during the notice period is out of the purview of the labour laws.
I recommend you follow a normal SOP applicable to the employees for the outstation travel. Otherwise, on completion of the outstation tour, the employee submits the TA/DA bill. As a professional organisation, you will have the responsibility to clear the bills before the employee's last working day.
Thanks,
Dinesh Divekar
From India, Bangalore
7901Submitting a letter of resignation and on-duty outstation travel are two independent activities. What one activity has a bearing on another? Why there is confusion or doubt? On-duty travel during the notice period is out of the purview of the labour laws.
I recommend you follow a normal SOP applicable to the employees for the outstation travel. Otherwise, on completion of the outstation tour, the employee submits the TA/DA bill. As a professional organisation, you will have the responsibility to clear the bills before the employee's last working day.
Thanks,
Dinesh Divekar
From India, Bangalore
Can you explain what is the potential legal problem you envisage if the employee on notice period is travelling for work? His employment has not ended and he is very much required to do what he was otherwise doing. So if you have any specific concerns, please specify so it is easier to answer
From India, Mumbai
From India, Mumbai
An employee while on notice period is expected to complete the notice period.
No restriction on traveling as part of his duty.
Leave not allowed during notice period since the employee has to complete the number of days of notice period as per employment terms. Hence any leave taken, the employee will have to stay till the completion period. The employer has the right to recover the salary of leave taken during the notice period.
But it all depends on the relationship of employee with the management.
From India, Kochi
No restriction on traveling as part of his duty.
Leave not allowed during notice period since the employee has to complete the number of days of notice period as per employment terms. Hence any leave taken, the employee will have to stay till the completion period. The employer has the right to recover the salary of leave taken during the notice period.
But it all depends on the relationship of employee with the management.
From India, Kochi
Dear KK Anirudhan,
The second paragraph of your post says: Leave not allowed during notice period since the employee has to complete the number of days of notice period as per employment terms. Hence any leave taken, the employee will have to stay till the completion period. The employer has the right to recover the salary of leave taken during the notice period.
Why the employees are not allowed to avail of the leave during the notice period? Why do you say that the notice period gets extended proportionately if the employee avails of the leave? On what grounds you have proposed this? Would you mind quoting the provisions of the relevant act or the law?
For Mr Madhu T.K.: - Can you please provide your expert views on the above?
Thanks,
Dinesh Divekar
From India, Bangalore
The second paragraph of your post says: Leave not allowed during notice period since the employee has to complete the number of days of notice period as per employment terms. Hence any leave taken, the employee will have to stay till the completion period. The employer has the right to recover the salary of leave taken during the notice period.
Why the employees are not allowed to avail of the leave during the notice period? Why do you say that the notice period gets extended proportionately if the employee avails of the leave? On what grounds you have proposed this? Would you mind quoting the provisions of the relevant act or the law?
For Mr Madhu T.K.: - Can you please provide your expert views on the above?
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you for considering me to give clarification on the mentioned points. The post is relating to official travel during notice period, and the same has been answered well by all the members. The question of leave during the notice period is the matter which requires clarification. I would say that leave is both a right on the part of the employees. At the same time, the employer may refuse to grant leave on business grounds. Simply, we should remember that no leave can be claimed as a matter of right nor it can be simply rejected on the ground that the employee will not be with the employer in a few days from now. There should be some genuine reason for refusing the leave, let it be an employee who is still in service or a person who has put his papers.
The law says that when an employee is refused leave, the same number of leaves refused shall be allowed to be carried forward and accumulated beyond the maximum prescribed limit. This implies that leaves cannot be rejected if the same is applied for for genuine reasons.
In the case of employees serving notice period, the same principle applies. In order to have a smooth handing over, the employer can ask the employees not to take leaves, but if the leave applied is refused, then the same should be allowed as encashment or surrender at the time of relieving. If the employer is marking the leaves taken as unpaid leave/ loss of pay, then the same amount should be paid as leave surrender at the time of relieving along with full and final settlement. Therefore, perse, there is no legal validity for the statement that no leave shall be allowed during notice period.
From India, Kannur
The law says that when an employee is refused leave, the same number of leaves refused shall be allowed to be carried forward and accumulated beyond the maximum prescribed limit. This implies that leaves cannot be rejected if the same is applied for for genuine reasons.
In the case of employees serving notice period, the same principle applies. In order to have a smooth handing over, the employer can ask the employees not to take leaves, but if the leave applied is refused, then the same should be allowed as encashment or surrender at the time of relieving. If the employer is marking the leaves taken as unpaid leave/ loss of pay, then the same amount should be paid as leave surrender at the time of relieving along with full and final settlement. Therefore, perse, there is no legal validity for the statement that no leave shall be allowed during notice period.
From India, Kannur
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