I am working in pvt.ltd.co.One of our employee gave resignation notice on 18.11.09.At that time her leave balance was 26 days.She submitted her leave application as leave balance was 26 days.Management never sanctioned her application & put on hold.But without taking any permission from the management she left the office on 20.11.09.She never completed her notice period & now she is asking for leave encashment of 26 days & 18 days dec 09 salary.Other wise she will fight it ligally.Management's opinion is she had surrenderd her leave. We need help in this matter.
From India, Pune
1From India, Pune
December salary becomes due only on 18th. Therefore, there is no meaning in asking for December salary right now. If she has already given her representation, you can reject it saying that she has been absconding since 20th November and there is no base for her to ask for 18 days salary together with 26 days leave encashment. Yes, if there has been an understanding between the employee and employer, she can be granted 26 days leave and she can be allowed salary for the month of November (considering her attendance till 20th Nov and 10 days of leave) plus salary for 16 days in December. In no way she is entitled to both the salary and leave encashment. If she goes legally also, the maximum award will be salary for the 26 days of her absence.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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