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Curious Case of a notice period - employee mentally not present in the organization - CiteHR

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varghesemathew
910

Leaves are not usually given during notice period.If he avails leaves the notice period will be extended to that extend.
You can cut short the notice period by adjusting the short fall in notice period, with leaves for which are encashable as per company's rule.
Varghese Mathew

From India, Thiruvananthapuram
arunsathyan
4

employee eligible for off during notice period????????????????
From India, Bangalore
loginmiraclelogistics
1063

--------
Why this doubt Arun ? Notice period is nothing else than 'working days' after submission of 'resignation' , preparatory to separation. Did you mean one should work all the days with out duty off ? Why ??

From India, Bangalore
god2007
Why no leave can be given during the notice period ?. Basically notice period is to enable to find another employee to take over the duties and charges of the outgoing employee and to finish of any incomplete tasks. So during the period it only natural to give any new job /l tasks to the outgoing employee. If there is any eligible leaves at his credit, he can be allowed to use it without affecting this process. Offcourse he has to be present in the last working day.
Raju

From India, Pathanamthitta
gksarkar
2

Dear B'putra,
First of all if any one wants to go let him go gracefully.
2. In any notice period if any one wants to avail leave he may avail but his notice period is to be extended for the said number of days which he has availed leave
3.EL in accumulation may be adjusted against the short fall of notice period.
To work within the time schedule is not a crime. some body wants to show off by remaining after working hours.
Regards,
G K Sarkar

From India, Mumbai
Brahmagupta
Thank you everyone for taking your time to reply to this curious case. I appreciate your views on the said topic.

Actually, the reasons to leave company are personal. I have been working for more than 3 years in this company and I only thought leaving it when my Boss quit and new boss was not how a boss should be. New boss who has just 1 year more experience than me is shouting on me in front of entire floor which is thoroughly unprofessional approach.

Thus, it started an year ago when I desperately felt a need of getting 'rid off' of my organisation. In every company there are long working days and one needs to face it. However, negotiating long working days becomes easy when you have a good bunch of folks around you. Sitting normal hours also become painful when people around you are worst.

The new company which I am joining is insisting of a relieving letter. But still what I got from the responses is a company cannot hold a relieving letter basis an employee not working for late or not coming on weekends.

Mr Sarkar, I doubt if people just sit late to show off. Everyone has family and Indian culture is changing rapidly with an element of personal space is coming into picture. So organisation doesn't insist to sit late if their is no work. Late sitting happens when senior management disconnects itself from middle management and fails to sense the mismatch between availability of resources and work load.

Mr. Ashok, parting as friends is always good but don't think it will happen in this case. People involved are not friends right from the start!

From India, Mumbai
debapriya_jsr
4

Genarally no leave during notice period so that the employer gets reasonable time to handover charges.Hoever what will happen if somebody genuinely falls sick. Falling sick in one's beyond control but the employer has to be satisfied about the genuinity.In the mean time you may apply the employer for early seoparation as it there in your appointment letter.But the final decision lies with the management's dicretion.
From India, Jamshedpur
Adoni Suguresh
150

Mr.B.Puthra,

As per the clause mentioned in the appointment order, the employee has given the 30 days notice period and requested for early relieving. It is nothing wrong. He serv ed the notice in writing. Now it is upto the management to relieve him whether after 30 days or earlier. You cannot force anybody to complete the pending work, sit late after working hours, this is against the law. The understanding should be mutual not one way. In this case I advise you as follows:-

1. As requested by the employee you can relieve him with 15 days notice period and relieve him after completion of 15 days.

2. The second option is that you can adjust remaining 15 days in his salary or in leave payment against notice period. But see that the employee is going for his better prospectus, you should help him and wish him success in his future.

Completion of pending work only can be with a request and mutual understanding and not by any law.

I hope your doubt is clear.

Adoni Suguresh

Sr.Executive (Pers, Admin and Ind.Rels) Rtd

Labour Laws Consultant

From India, Bidar
subbarao.nv
40

Dear Mr. Gupta
Late sitting is not a crime and no one would like to sit. Few people, all through the working hours, will sit & chat with their boss and after office hours they start working to get good name / reward from their bosses. In some cases, disparities will be there, all the works will be dumped on a person within the department for which the concerned cannot say "NO" because of the insecurity of the job, particularly in private sectors. He has no option than to sit late hours or attending the addl. job on week ends, where boss will not be available.
Regards..NVSRao

From India, Hyderabad
skjohri1
84

Dear ,
I am in full agreement with the views of Mr Ashok.
Waival of notice period or adjusting unavailed leave against full or part of notice period is dependent upon the rules and requirements of the company you are serving and are Not legal entitlements of an employee wanting to leave the service. In this situation the merit/performance of the employee in question are immaterial.
In all goodness please do not get waylaid by different sort of advices and follow the prescribed procedure. Please also note that during the period of notice leave is not admissible to the employee concerned in the normal case.
S.K.Johri

From India, Delhi
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