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Neetu Singh
Dear All,
I m in serious doubt for a case where one employee of my organisation was on leave for marriage purpose from 28th NOV. to 27th of DEC. 2008 but on 26th DEC. 2008, i got a mail from him with a medical certificate attached regarding his illness .In mail he was requesting for extention of his leave till 22nd JAN 2009.And i have given my acknowledgement on the receipt of his medical certificate. Now on 19 Jan 2009 I have received his resignation ,stating that he wont be able to join us on 22 Jan 2009 due to his illness as he cannot request for further extension of leave and currently he is not in position to join office.
Now,pls. let me know what will be last working day to get his full and final process done.
Will it be 28th NOV.2008:-from the day he started his Holiday
or
19 JAN. 2009:-The day he resigned
Regards,
Neetu Singh

From Singapore, Singapore
K.Ravi
54

Daal mein kuch kala hain, better investigate the case..... carefully without hurting the employees sentiments ......
From India, Pune
Madhu.T.K
4193

Since he has not returned to office and signed the muster roll on the date of expiry of his leave, the entire leave granted would stand cancelled and his last working day would be the day on which he was present at office, ie, 27th Nov. 2008 (the day preceding his leave). On the other hand, if he had resumed the duty and then resigned, he would have been eligible for the leave. As he has been sanctioned leave upto 22nd, please see whether he reports on 22nd or not. If he comes on 22nd, then, that date shall be treated as the last working day and he could be relieved on that day only.
Regards,
Madhu.T.K

From India, Kannur
bjpani
13

Dear Ms. Neetu,
To my mind, so far as full & final settlement of the resignee is concerned it should definitely be 27th of November (last day in the office) before he/she goes on leave on the ground of his/her marriage purposes. If during continuation of leave someone submits his/her resignation, the last day should be the day when he/she worked officially taking into account the muster roll/ attendance sheet. Thank you.
Biswajit Pani
[IMG]https://www.citehr.com/misc.php?do=email_dev&email=YmpwYW5pQGdtYWlsLmNvbQ ==[/IMG]

From India, Bhubaneswar
surabhiisgr8
9

Dear Neetu, go ahead as per adviced by Mr. Madhu. I too agree with him.
In case, the employee turns up on 22 Jan. treat the same as his last working day, elsewise 27 Nov.
Thank you Mr. Madhu for your valuable remarks on this case.
Regards
Surabhi

From Germany, Frankfurt Am Main
talhasag
Dear
I think If his leaves have been approved upto 27th Dec. then his last working day will be 27th December. Your HR Department has approved his leaves then how can you exclude these days from his final settlement???
2. If he goes to the court and proves that company has granted him leaves then what will be your response??
So in my point of view you should calculate his salary after taking into account the days his holidays approved.
Regards
Sagheer Ahmed

From Pakistan, Faisalabad
jyotinegi
2

Dear Neetu,
In my opinion, you should take the last working day as 19 Jan 2009, the day he resigned himself towards a safer side as you have already approved his leave till then. Till that day, you can treat him as LWP.
Rgds,
Jyoti

From India, Delhi
sreedq
3

Dear Neethu,
I think you can go head with Mr. Madhu's advice. but Parallely u have to keep in mind the notice period to be serve as per the appointment terms and his leave balances. In seperation note you have to deduct the short day of notice period too.
I request form members advice, for how to calculate final settlement in terms of days.
Regards
Sree.

From India, Madras
sreedq
3

Dear Neethu,
I think you can go head with Mr. Madhu's advice. but Parallely u have to keep in mind the notice period to be serve as per the appointment terms and his leave balances. In seperation note you have to deduct the short day of notice period too.
I request form members advice, for how to calculate final settlement in terms of days.
Regards
Sree.

From India, Madras
shefali.saxena
4

Please refer to your company's separation policy also. It generally states what would be the last day. i.e last recorded attendance or last day of approved leave. If its not been written, please do incorporate this to avoid confusion.

Acknowledging the receipt of medical certificate without any written note on acceptance or rejection would be treated as approved leave.

Our legal experts, please comment in case it needs correction.

From India, Delhi
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