Notice Period Dilemma: How to Handle Irregular Attendance During Final Month?

Dear Friends,

I am facing confusion regarding the notice period. Suppose an employee has given notice for one month as per the appointment letter but demonstrates irregularities in attendance. Throughout the month, they only show up for 12 days with three to four days' gaps on each occasion.

Please provide me with guidance on this matter as I am awaiting a settlement case.

Thanks & Regards,
Ranjit Samal
9818758445

Hi Ranjit,

During the notice period, leave cannot be taken. The number of days the employee has been absent, the notice period should be extended for those many days.

Cheers,
Harshad

Hi Friends,

Even I have the same doubt. Please educate us. Should we recover the remaining days of the notice period or not?

Thanks in advance.

Regards,
Harish S
99808 07270

Dear All,

The concept of a notice period came into existence due to the exigency of work. It provides the employer with a recourse to avoid losing employees at crucial times of assignments, lest the employer would be compensated by virtue of notice pay.

It is up to the employer to grant or sanction leave to the employee if deemed fit, based on the facts provided by the employee under the notice period.

If the employee is not on pre-sanctioned leave from the employer, management reserves every right to recover the same from the full and final settlement of the employee.

Hope this clarifies.

Regards,
Kapill

I agree with Kapil. An employee is entitled to take leave only at the discretion of the employer. In case the employee has leave balance in their account, they can make use of it during the notice period. However, this decision is subject to the project's requirements. If the project necessitates the employee's presence, they may not utilize their leave balance. If the company allows leave encashment, the employee can encash the remaining leave balance.

In the case of absenteeism, the company can adjust it in the full and final settlement, considering it as unauthorized leave.

Dear Ranjith,

As per your case, he has to work for 30 days. In the notice period, if he makes himself absent for the number of days, it can be recovered from the notice pay. Suppose he goes for a sanctioned leave as he has leave in his account, he can avail of those leaves, and that should not affect the notice pay. Of course, his leave will be encashed for the remaining leave.

For example:
Notice period - 30 days
Days actually worked - say 17
Sanctioned leave - 8
Total days worked in the notice period - 25
Notice period to be recovered - 5 days

If you require more clarification, please write to me at shiburil@gmail.com.

Regards,
S. Shibu