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partha0499
Hi, I have a query. My company has a policy of 60 days notice period to serve after resignation. In the HR manual it is mentioned that if an employee seeks to encash leave it will be in the hands of the company to decide whether the employee will get it or not. Thats only. Now my query is can the company adjust the leaves available and minimise the notice period so that the firm has not to give any encashment of leaves. I am willing to serve full notice period and then encash the leaves avilable. Can the company forcefully adjust those leaves availble with me? Please help. Thanks.
From India, Agartala
partha0499
Sorry I have to mention that manual says that "if an employee wishes to adjust leaves" not encash leaves.
From India, Agartala
supriyac19
3

If the HR Manual says that the "encashment" in fully on Company's discretion, then anything they can.. but, if your are having healthy relation with HR/Accounts and overall management, then you can get the best benefit... otherwise as per manual Company can adjust the notice period with your leave and leave you early..
From India, Bangalore
saswatabanerjee
2358

You have not stated where you work, which state and which type of organisation.
To that extent my reply is a guesswork.
Company is required by law to encash pending leaves on termination of employment (including resignation). So it is not at their whim but a requirement of factory act.
In any case company also has the right to accept resignation with immediate effect and not ask for notice period, even if you are willing to serve it. So if you are getting encashment of leave, take it and enjoy a few days of rest and leisure before you join the new company.

From India, Mumbai
asbhat
51

Company will encash the leave period but only at the rate of basic plus DA (if any) but not any allowances, generally. Therefore it is in the interest of the resigning employee to avail the leave, be with the family and recharge his batteries before commencing the new employment. But as the previously pointed out in this thread it will be a better for the employee to talk to the HR head together with his own superior to make this concession. My personal experience is reason prevails.
A S Bhat

From India, Pune
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