Please Solve This Case Study

This says it all....She can produce these as evidance and atleast increase her LWD. For notice priod payout it is purely her discussion with management
\Nilesh

Dear Sir,
The employer normally asks the employee to tender resignation letter on the date of last working
day of the Factory in case of prolonged absence.
In such cases, the date of resignation letter and the acceptance of resignation date normally differs.
It is common everywhere. You need not worry.
D.Gurumurthy
LL.HR & IR Consultant.

Dear Sas,
First of all, we need to know what type of leave that she has apply from oct to dec. Is it anual leave/ unpaid leave etc, and are all this leave is approved with formal form. Ex, she need to apply leave, superior approve and sign the leave form (if she have the hardcopy for evidance is better).
And when she want to resign, did she fill in the resignation form?.. because if she did not fill the form, the emp'er can abscond her because she did not turn to work.

I think the catch is - what she was doing during her leave period? Here the onus is on employer to prove that she was working elsewhere during the period of her leave and came back with the purpose of resignation itself.
Many multi-national companies have policies in place to state that "no employee can resign within one month after the return from long leave".

@ Sanjeev
There is no such policy in that company as many employees earlier resigned immediately after coming back from leave and management relieved them.
Secondly she got engaged in Nov and married in Dec so was not working anywhere

Then the next questions would be -
1) Wasn't she aware of her engagement and marriage plans at the time of applying for leave?
2) Why she didn't resign in the month of November when she had clear idea about her engagement and marriage?
In the present scenario, it is becoming more an issue to ethics and basic intentions of the person rather than legal aspect alone.

I think it is the rule that one should join back his/her duties after a long leave before resigning from present organisation to get the job benefits.......
pls consult........from some senior person.............

@ Sanjeev
She was aware and that was the reason she applied for leave in Sept. The reason for her resignation was pay cut which started from Nov when she was in leave.
@ Nicky Pls guide if there is any such rule as I am not getting proper info on this
Seniors please guide

So it means that she's not received her salary from Oct to Dec right. Thats why management has decide to abscond her because there is no point to employ her anymore, after all she want to resign on Jan . But still emp'er need to inform her about the new resign date, and her last salary on Sept should include her last balance leave amount. Otherwise it is not fair to her.
Furthermore emp'er take the opportunity to ceased her because of her long unpaid leave and the company is on the bad shape.

Hi Sas,
Has she sign the aggrement in written (agree and aware with management to cut her salary). If not, the management have no right to cut her salary.