Can My Company Force Me to Use Leave Days to Shorten My Notice Period? Seeking Advice

Hi, I have a query. My company has a policy of a 60-day notice period to serve after resignation. In the HR manual, it is mentioned that if an employee seeks to encash leave, it will be in the hands of the company to decide whether the employee will get it or not. That's only. Now my query is, can the company adjust the leaves available and minimize the notice period so that the firm does not have to give any encashment of leaves? I am willing to serve the full notice period and then encash the leaves available. Can the company forcefully adjust those leaves available with me? Please help.

Thanks.

Sorry, I have to mention that the manual states that "if an employee wishes to adjust leaves," not encash leaves.

If the HR Manual states that the "encashment" is fully at the Company's discretion, then they can do anything. However, if you have a healthy relationship with HR/Accounts and the overall management, you may receive the best benefits. Otherwise, as per the manual, the Company can adjust the notice period by deducting your leave and allowing you to leave earlier.

Understanding Leave Encashment and Notice Periods

You have not stated where you work, which state, and which type of organization. To that extent, my reply is guesswork. A company is required by law to encash pending leaves on termination of employment (including resignation). So it is not at their whim but a requirement of the Factory Act.

In any case, a company also has the right to accept resignation with immediate effect and not ask for a notice period, even if you are willing to serve it. So if you are getting encashment of leave, take it and enjoy a few days of rest and leisure before you join the new company.

Regards

Company will encash the leave period but only at the rate of basic plus DA (if any), but not any allowances, generally. Therefore, it is in the interest of the resigning employee to avail the leave, be with the family, and recharge his batteries before commencing the new employment. As previously pointed out in this thread, it will be better for the employee to talk to the HR head together with his own superior to make this concession. My personal experience is that reason prevails.

A S Bhat