Leave Balance Issue.

I am getting leave one day per month, now I’m in notice period. I have 10 days leave balance. Since I’m in notice period, company is not calculating current month of leave. They are ready to pay only for 10 days not for 11 days…
Should I get 10 days pay r 11 days pay?
Delsins

If you are notice period but your total working days 20 this month your would take 11 leave amt.

As per Section 79 Clause 1 and 1 (i) of Factories Act, 1948 if employee worked for a period of 240 days or more in a factory he shall be allowed for leave with wages. In case of an adult leave will be calculated at the rate of one day for every twenty days of work performed by him. There is no direct nexus between notice period and leave falling in employee bucket. According to me you are entitled for 1 days leave if you had worked more than 20 days in month during notice period. (In your case total leave will become 11 days)

Basic purpose of notice period (for employer) is that the organization can have enough time to find a replacement and notice period serving employee can train the replacement for that particular position. Notice period do not give rights to management to discriminate employee and arbitrary make such policy which are against the basic rights of employees.

Organization should [must] not indulge in such practices. It’s not only illegal, unethical but it can lead to culture where employee leave organization without serving the notice period and it can also hamper the image of organization. This will have more devastating effect on organization in long run and I think no management want this.

For more information: White Eagle: Leave Balance Issue

If you have joined your organization during the first Fifteen days of the Calendar Days, i.e., from 1st to 15th (Both the days inclusive) you are eligible to get a day's leave for that particular month, as per general leave rules and it is accepted and agreed by the labour department also.
Had you joined from 16th to end of the calendar days, i.e., second Fortnight, you are not eligible for a day's leave for that particular month.
Similarly had you resigned from 1 to 15th of a calendar month, you are not eligible for a day's leave for that month.
It should be the ethics of every organization that if an employee leaves an organization, the HR guys or gals, should be very generous to certain extent in relieving an employee with a good gestures. The employee should not leave the orgaization with with bitterness and grievances. (This is not in Labour Laws)
Please go ahead with the above calculations.
Best wishes