Hi, I am in Notice period . I took 7 days LWP. However as per company policy 4 OFFs (Intervening OFFs) has been LWP.
My question is if I have to serve total 11 days more on notice period or 7days? And if it's 11days is that with OFFs or in Working days .
Regards ,
Sourav H
From India, Chennai
My question is if I have to serve total 11 days more on notice period or 7days? And if it's 11days is that with OFFs or in Working days .
Regards ,
Sourav H
From India, Chennai
Pl check the applicable rules, whether the notice period is reckoned in working days or month(s). If it is not mentioned in terms of working days and it is mentioned as month(s), then the General Clauses Act 1898 applies and there the month is defined as follows:
"Month 'shall mean a month reckoned according to the British calendar."
There it includes continuous days of a month and the intervening weekly offs are included. The definition given in GC Act applies in every instance where the term is not specifically defined as distinct from it. So your company is also bound by it subject to what is mentioned above.
From India, Mumbai
"Month 'shall mean a month reckoned according to the British calendar."
There it includes continuous days of a month and the intervening weekly offs are included. The definition given in GC Act applies in every instance where the term is not specifically defined as distinct from it. So your company is also bound by it subject to what is mentioned above.
From India, Mumbai
I really appreciate your early response .My company follows 60 days of notice period.I made out the answer.Let me get you my actual exit date of notice period is Feb 3 ,so please let me till which date I will need to serve notice period to compensate LWP taken?
From India, Chennai
From India, Chennai
I am confused . I had 7 e-lop however they added OFFs in-between as e-lop. Hence is my notice period includes only 7 days extension or 7 +4 (OFFs) or 11 working days??
From India, Chennai
From India, Chennai
It is not clear as to how out of 60 days in which there will be 8 weekly off days at least, only 4 is treated as LWP.
Any how you have to give uniform consideration, be it including or excluding the weekly offs in the notice period throughout, including for the present 7/11 days. As the notice period is mentioned as 60 days, it is presumed to be 60 working days and the weekly offs are excluded. When the industry is not working on weekly off day and no business is transacted that day, the purpose of notice period is frustrated if weekly off is considered in the notice period. But again check up what was done in the earlier cases, as they cannot put a new rule against you. But going by the above interpretation you will have to work additionally for 11 working days. from 3rd Feb.
From India, Mumbai
Any how you have to give uniform consideration, be it including or excluding the weekly offs in the notice period throughout, including for the present 7/11 days. As the notice period is mentioned as 60 days, it is presumed to be 60 working days and the weekly offs are excluded. When the industry is not working on weekly off day and no business is transacted that day, the purpose of notice period is frustrated if weekly off is considered in the notice period. But again check up what was done in the earlier cases, as they cannot put a new rule against you. But going by the above interpretation you will have to work additionally for 11 working days. from 3rd Feb.
From India, Mumbai
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