How to Handle Leave Balances and Notice Period Deductions for a Resigned Employee?

Dear All,

Please solve my problem as below:

One person who has joined the organization was drawing a salary, and I had given him leave benefits since his joining. Now he has left the organization before completing his six-month probation period. My question is, can I work his leave balance in full and final settlement and deduct 30 days in lieu of the notice period not given because I had given him the benefit of privilege leave, or shall I recover the privilege leave already given to him during his tenure period, which is not possible now? Alternatively, shall I forfeit his leave working in full and final settlement and show the working as him being ineligible for leave encash benefit.

Please Help ASAP.

Regards,
Kishore Rathod

Hi,

First, does all this mentioned in his appointment terms and conditions that he has to give 1 month notice, and what are the conditions for candidates during the probation period?

Can be done if it is mentioned in the company's HR policy or offer letter, but most companies will not provide any settlement dues to an employee except for salary if he leaves the company before the completion of the probationary period.

Dear Mr. Kishore,

First of all, you need to follow what has been mentioned in the appointment letter. Because as per standard procedure, no company grants earned leaves during the probation period. It is only casual leaves or sick leaves that are entertained during the probation.

If you have provided the employee with the earned leave and that is against your terms and conditions of employment, then obviously you may deduct the same from his full and final settlement. It completely depends on your stated terms and conditions of employment.

Regards,

Amit Seth.

Please share the Terms and Conditions as mentioned in the Offer/Appointment letter along with the Leave policy.

According to me, no leave is entitled during probation, and hence no leave adjustment.

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Hi,

First, does all this is mentioned in his appointment terms & conditions that he has to give 1-month notice? What are the conditions for candidates during the probation period?

Dear Madam,

In our appointment letter, it is mentioned that either party should give one month's notice. However, it has not been mentioned from when he will avail earned leave.

Regards,
Kishore Rathod

Dear Sir,

I agree with you, and soon I will have a talk with my superiors in this regard.

Regards,
Kishore Rathod

Dear Sir,

I agree that until one year, we cannot grant earned leave to the employee. Is this regarding encashment or during the actual leave enjoyment? Please help.

Regards, Kishore Rathod

Dear Kishore,

As per the act, any person who works more than 240 days will be eligible to avail his PL leaves.

Regards,
Manikandan