Employee leaves the organization during Notice Period

Dear Seniors

If the Employee on probation leaves the organization prior notice and going forward, He/She be still entitled to get paid for the No. of days He/She worked? And what is the action does an Employer can take in this situation?

I understand the situation like this. Employee on probation resigns and without serving notice period, leaves the company. Then will he be eligible for salary for the days he has worked?

The answer is Yes. He can claim salary for the days he has worked. BUT, if there is specific notice period mentioned in the appointment order and is enforceable by law, then the employer will have the freedom to adjust it against the notice pay receivable from the left employee.

Employee cannot avail any leave during notice period. If he/she availed one, the no of days he/she are on leave will be added to notice period. Earned leaves can not be en-cashed or adjusted towards notice period unless there are specific directions in this regard in the appointment letter.

No employee shall be refused leave on the ground of his nature of appointment. As such if he is eligible to leave that should be given to him even if he is on probation.

Earned leave will be earned after working for at least 12 months. If he remains on probation, and he wants to encash it while leaving the organisation, he can do so.