Leave During Notice Period.

hello,
all
I had a Question , can any employee avail there leaves during his/her notice period of leaving job?
There is nothing mention about that in our organization service rule book.
as a Sr. HR Executive i had to decide this.
In my opininon it is not right to avail the leave in notice period.
please comment on this.
Regards
Anju

Hello Anju,
You can certainly put a clause mentioning,
Depending upon the approvals of the Deparmental Heads Pending Paid Leaves may be allowed to the employees during the notice period.
There is no harm in letting the employee enjoy the benifit of the leaves accumulated if it is not affecting the work of the organisation.
Regards,

Dear Anju

Absolutely correct. One should not be allowed leave during the notice period. But what will happen if he/she has some leaves pending of the quota allotted by the company. In my opinion

1. HR personnel should come forward and apprise the individual of the concept of notice period which is that during this period he/she has to prepare for the details of jobs being handled by indivdual from the point of view of handing over the details to the new joinee. Also it is time for the comapny to recruit a person in place of person leaving the organisation.

2. During the notice period one has to compile the records and handover the same to new comer or to any existing collegue as required by the comapny.

3. In case the leaving employee has prepared the details and the new joinee is to join after some days he/ she may be allowed to proceed on leave for one or two days only.

4. In case the record is to be handed over to existing collegue than person has to see the spare time allotted by his collgue for understanding the details of work being handled by individual.

Mainthing is that the leaving employee should never be made to feel that his presence during the notice period is not required in the company. He / she should be treated either normal or even above normal to overcome the tension of leaving an organisation.

Every decision is situation bsed and for every situation there is no tailor made answer. Follow what ethics and your comittment to the company say so.

Regards

Anil Anand

Dear Anju

I am of the opinion (considering the employees do not enjoy the protection of Industrial Law) that one of the clause of appointment letter should be as under :

During the probation period, your employment may be terminated without notice and without assigning any reason, if confirmed the employment may be terminated on either side by giving --- Months notice or paying / deducting salary in lieu thereof for the such days in lieu of shortfall in notice period if any

In case you fail to give notice or after giving notice abstain from work during the notice period, it will be treated as shortfall in notice period for such days, and in that event you shall be liable to pay or the company shall be entitled to deduct salary for such days in lieu of shortfall in notice period.

I also would like to mention that contract of employment is a contract of personal service, since it is a contract of personal service, there cannot be specific performance of such contract hence one cannot insist that during the notice period the employee must report for duties and perform his work

Beside this, it is important to note that the concerned leave sanctioning authority has to decide the pro and cons of granting leave to particular employee during notice period.

Regards

Ravi

During the Probation period no company allows a paid leave to any employee and hence there can not be a question of leaves in balance.
The best option an employee can avail for the leaves in balance is to go for leave encashment and work for full time during the notice period.
Regards

Hi Everyone
Thanks Anju for this Question
But as an employee tell me a thing on below situation
I am working with a firm from 3 years suddenly i am getting a job with 50% increment which is a big deal for me. The Next Company demand me to join within 10 days otherwise i will not be able to get the job. Now what should i do if i will give notice to the company most probably i will not get the salary and if not I can get that job .
Now tell me in situations like this What one should do?
Is there any Laws (Labour Laws) is regarding this.