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?
From India, Mumbai
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From India, Mumbai
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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
From India, Kannur
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4483Regards,
Madhu.T.K
From India, Kannur
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Under which labour law & section "no leaves/holidays or only PL/EL avail, during notice period mentioned?"
From India, Ahmadabad
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From India, Ahmadabad
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No labor Act has such 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.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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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.
From India, Haora
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From India, Haora
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Have I read the question right? Is it like, "you have not been given / not availed your holiday; and now you have applied for resignation; but you don't want to serve notice period and prefer it being adjusted for 46 holidays left with"?
Or is it like, "you have 46 holidays; you are in your notice period; you are asked to come on weekends & 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?
From India, Mumbai
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Or is it like, "you have 46 holidays; you are in your notice period; you are asked to come on weekends & 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?
From India, Mumbai
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Dear All,
Kindly let me know if somebody will not get his salary for more than two months from his present organization for whom salary is essential to maintain his family and day-to-day needs. For such circumstances, even he/she could not invest for daily expenses for the office so he/she left the job. If the notice period to be deducted due to the irregularity of salary he/she left, is the notice pay deduction legal? If the employer deducts notice pay, then can the employee go for a legal case or not? Kindly let me know the details.
From India, Bhubaneswar
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Kindly let me know if somebody will not get his salary for more than two months from his present organization for whom salary is essential to maintain his family and day-to-day needs. For such circumstances, even he/she could not invest for daily expenses for the office so he/she left the job. If the notice period to be deducted due to the irregularity of salary he/she left, is the notice pay deduction legal? If the employer deducts notice pay, then can the employee go for a legal case or not? Kindly let me know the details.
From India, Bhubaneswar
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By accepting the employment offered by the company through an appointment letter, the employee and the employer enter into an agreement. The agreement ensures fair and just play for both the employee and employer. By not paying the salary on time, which is one of the key conditions in the agreement (the appointment letter), the employer has breached the agreement.
Ideally, from a legal perspective, the employee can send a notice to the company stating that due to...reason...you have committed a breach of the contract and necessary legal actions would be conducted to neutralize that. Alternatively, seek a written explanation as to why they have not been able to pay the employee on time.
However, if the employee chooses to discontinue his/her service owing to this reason, and the company chooses to deduct the notice period from their arrears to be paid, that would be a move in bad taste and could invite legal ramifications.
From India, Mumbai
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Ideally, from a legal perspective, the employee can send a notice to the company stating that due to...reason...you have committed a breach of the contract and necessary legal actions would be conducted to neutralize that. Alternatively, seek a written explanation as to why they have not been able to pay the employee on time.
However, if the employee chooses to discontinue his/her service owing to this reason, and the company chooses to deduct the notice period from their arrears to be paid, that would be a move in bad taste and could invite legal ramifications.
From India, Mumbai
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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.
From India, Pune
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From India, Pune
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I was working in a private educational center for special education. I have served my notice period of 60 days as per the offer letter on 11th April, which would terminate on 11th June. However, now, due to the summer vacation, the school is closed from 17th May. My employer, who works with the school, has not paid me a salary for 25 days because, according to her, I would not be able to serve my full notice period of 60 days, falling short by 25 days. She has only paid me a salary for 21 days. In my opinion, I should receive the salary for April and the salary for the 16 days of May, totaling 46 days. Please correct me if I am mistaken and provide information on the same.
Thank you.
From India, Delhi
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Thank you.
From India, Delhi
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I think the answer to your question is available in the reply given by me in May 2012! If you are to be relieved on 11th June, you should be eligible for a salary up to June 11th because your employment will be terminated only on 11th June and not before that.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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