Hi, I have been working with my current organization for 2 years, and I have dedicated myself completely during this time. As I am working night shifts, I am facing various health concerns. I have served a notice period of 30 days; however, I have 11 Earned Leaves remaining.
I am requesting the HR department to adjust these leaves during my notice period, and I am ready to provide all the necessary medical documents. Unfortunately, the HR department has completely denied my request. I am looking forward to your kind attention and any suggestions you may have.
Thank you.
From India, Delhi
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I am requesting the HR department to adjust these leaves during my notice period, and I am ready to provide all the necessary medical documents. Unfortunately, the HR department has completely denied my request. I am looking forward to your kind attention and any suggestions you may have.
Thank you.
From India, Delhi
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Dear Kritika,
When there is a clear notice period in the exit clause of the contract of employment, its waiver or adjustment against accrued leave for early relief is a matter of pure discretion of the employer. The employee cannot prevail over the employer's discretion because of any options mentioned in the contract, as the employer can always take refuge under the alleged exigencies of work. If HR is adamant, it is better to approach the CEO and try to convince him politely. Even if this approach fails to work, be prepared to serve the entire notice period.
From India, Salem
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6108When there is a clear notice period in the exit clause of the contract of employment, its waiver or adjustment against accrued leave for early relief is a matter of pure discretion of the employer. The employee cannot prevail over the employer's discretion because of any options mentioned in the contract, as the employer can always take refuge under the alleged exigencies of work. If HR is adamant, it is better to approach the CEO and try to convince him politely. Even if this approach fails to work, be prepared to serve the entire notice period.
From India, Salem
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When your notice period for termination is clear you have to follow this. Adjusting the leave to your credit or allowing you to get relieved early purely depends on the discretion of the Manafement
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Hi,
Thank you for your help. As per the BECA, Section 37(c), if the employee has worked for more than one year, they need to serve a notice period of 4 weeks, and I have agreed to that. However, according to Section 14 of the Specific Relief Act, the employer cannot force an employee to serve a complete notice period if they are willing to pay the amount.
Please suggest.
From India, Delhi
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Thank you for your help. As per the BECA, Section 37(c), if the employee has worked for more than one year, they need to serve a notice period of 4 weeks, and I have agreed to that. However, according to Section 14 of the Specific Relief Act, the employer cannot force an employee to serve a complete notice period if they are willing to pay the amount.
Please suggest.
From India, Delhi
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Employee Benefits.doc