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Dear All,

Please solve my problem as below:

One person who has joined the organization was drawing a salary, and I had given him leave benefits since his joining. Now he has left the organization before completing his six-month probation period. My question is, can I work his leave balance in full and final settlement and deduct 30 days in lieu of the notice period not given because I had given him the benefit of privilege leave, or shall I recover the privilege leave already given to him during his tenure period, which is not possible now? Alternatively, shall I forfeit his leave working in full and final settlement and show the working as him being ineligible for leave encash benefit.

Please Help ASAP.

Regards,
Kishore Rathod

From India, Pune
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Hi, First tell does all this is mentioned in his appointment terms & condition that he has to give 1 month notice.. and wat are the condition for candidates during probation period??
From India, Mumbai
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NC
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Can be done if it is mentioned in the company's HR policy or offer letter, but most companies will not provide any settlement dues to an employee except for salary if he leaves the company before the completion of the probationary period.
From India, Bangalore
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Dear Mr. Kishore,

First of all, you need to follow what has been mentioned in the appointment letter. Because as per standard procedure, no company grants earned leaves during the probation period. It is only casual leaves or sick leaves that are entertained during the probation.

If you have provided the employee with the earned leave and that is against your terms and conditions of employment, then obviously you may deduct the same from his full and final settlement. It completely depends on your stated terms and conditions of employment.

Regards,

Amit Seth.

From India, Ahmadabad
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Please share the Terms and Conditions as mentioned in Offer/Appointment letter along with the Leave policy? According to me, No Leave entitled during probation and hence no leave adjustement.
From India, New Delhi
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Dear Madam, In our appointment letter it is mentioned that either party should give one month notice. But it has not mentioned that from when he will avail earned leave. regards, Kishore Rathod
From India, Pune
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Dear Sir, I agree with you. and soon i will have a talk with my superiors in this regards, regards, kishore rathod
From India, Pune
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Dear Sir,

I agree that until one year, we cannot grant earned leave to the employee. Is this regarding encashment or during the actual leave enjoyment? Please help.

Regards, Kishore Rathod

From India, Pune
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Dear Kishore, As per the act any person work more than 240 days only he will eligble for to avil his PL leaves. Regards, Manikandan
From India, Madras
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