Facing Vacation Denial During Notice Period: How Should I Handle This Situation?

I am working for a private engineering college in Mumbai. I have resigned from my job and am currently serving the notice period. I am entitled to 46 days of vacation, which is a standard entitlement for a teacher. However, the management is not allowing me to take this vacation, and they are also not adjusting it within my notice period. What should I do?

Vacation Period and Notice Requirements

Vacation period refers to your eligible holidays, and the purpose of notice is to ensure that the employer has sufficient time to find a suitable candidate for your position. By serving notice, you have fulfilled your duty, and the college management can easily find a replacement before the college reopens. It is the employer's responsibility to grant you vacation time or holidays. Requiring you to work during your vacation does not benefit the management in any way.

The standard rule that employees cannot take leave during the notice period does not apply in this situation. Even in such cases, the employer cannot compel the employee to work on Sundays and other holidays that occur during the notice period. Your vacation time is akin to holidays, so the employer's refusal to grant you vacation time is not legally permissible.

Regards,
Madhu.T.K

Query on Leave Entitlement During Notice Period

Under which labor law and section does it state that "no leaves/holidays or only PL/EL are available during the notice period"?

Notice Period and Leave Policy

No labor act has such a provision. Notice period and availing of leave during the notice period are purely a matter of the company's own policy, which may be included in the Standing Orders of the company.

Regards,
Madhu.T.K

Although there is no such provision in any of the labor laws in India, it is quite obvious that no one should be asked to work on holidays. For a teacher, vacation is a holiday, and they should be allowed to enjoy it despite having served the notice period. As far as I am concerned, the management is taking the upper hand. I completely agree with Madhu T. K.

Have I read the question right? Is it like, "You have not been given or have not availed your holiday; and now you have applied for resignation, but you don't want to serve the notice period and prefer it being adjusted for the 46 holidays left with you?"

Or is it like, "You have 46 holidays; you are in your notice period; you are asked to come on weekends and holidays during your notice period, stating that the 'number of days' in the notice period is to be completed...?"

Please explain. Also, how many days is your notice period?

I think in this case, first check the appointment letter issued by the employer. The appointment letter is a contract between the employee and the employer. If there is a condition mentioned that the employee can't avail any sort of leave if he/she resigns from his/her post during the notice period, then the employee can't avail leaves as he/she acknowledged the appointment letter at the time of joining. If there is no such condition in the appointment letter, then the employee should get in touch with the trade union (if any) for collective bargaining.