Dear Sir / Madam,
I am a new member to this website and wish to seek your valuable opinion on the above query which is as follows
If an employee joins on probation and proceeds on leave without pay in the first month and in the second month end leaves the job is he or she entitled to leave accumulation with respect to Sl or CL.
Hope to receive your kind response
Thank you and regards,
Anju
From India, Calcutta
I am a new member to this website and wish to seek your valuable opinion on the above query which is as follows
If an employee joins on probation and proceeds on leave without pay in the first month and in the second month end leaves the job is he or she entitled to leave accumulation with respect to Sl or CL.
Hope to receive your kind response
Thank you and regards,
Anju
From India, Calcutta
Hello,
What do the "Leave Rules" of the company say? That will stand!
Evidently in the case stated there are NO codified Leave Rules and that is why the problem!
First, I suppose the "employee proceeded on leave in the first month..." was with due approval of hsi superiors. If the answer is YES, we look at the matter in a particular way and if the answer is NO, we look at the matter differently.
Then if during the second month he leaves employment, ordinarily he would NOT be entitled to ANY leave by LAW. Only if the "terms and conditions" of his employment grant him any entitlement, we need to go by that or by the "Leave Rules" as may be applicable.
In the ordinary case, he will NOT be entitled to any leave benefit while on probation.
If this does nto answer your query, kindly provide more facts of the case!!!
Regards
samvedan
August 13, 2007
From India, Pune
315What do the "Leave Rules" of the company say? That will stand!
Evidently in the case stated there are NO codified Leave Rules and that is why the problem!
First, I suppose the "employee proceeded on leave in the first month..." was with due approval of hsi superiors. If the answer is YES, we look at the matter in a particular way and if the answer is NO, we look at the matter differently.
Then if during the second month he leaves employment, ordinarily he would NOT be entitled to ANY leave by LAW. Only if the "terms and conditions" of his employment grant him any entitlement, we need to go by that or by the "Leave Rules" as may be applicable.
In the ordinary case, he will NOT be entitled to any leave benefit while on probation.
If this does nto answer your query, kindly provide more facts of the case!!!
Regards
samvedan
August 13, 2007
From India, Pune
Hello
Samvedan is correct in his views, unless you go through the company policy on leave reules, we would not be in a position to give proper explanation any how even at the time of separation only EL (Eearn leave) is subjected to encashment
In the second month , and even when it cannot be adjusted against the available leave balances , then the number of days he is absent will be recovered from his salary during final settlement
CL and SL cannot be paid at any way, and look at your company policy on EL/PL leave procedures
Looking at the short duration he has worked, hope he may not be eligbile for PL/EL eligibility
Regards
R.sudhakar
From India
Samvedan is correct in his views, unless you go through the company policy on leave reules, we would not be in a position to give proper explanation any how even at the time of separation only EL (Eearn leave) is subjected to encashment
In the second month , and even when it cannot be adjusted against the available leave balances , then the number of days he is absent will be recovered from his salary during final settlement
CL and SL cannot be paid at any way, and look at your company policy on EL/PL leave procedures
Looking at the short duration he has worked, hope he may not be eligbile for PL/EL eligibility
Regards
R.sudhakar
From India
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