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Annual Leaves adjusted against Notice period

jeets (CS ) (461 Points)

03 August 2010

Hello Everyone,

I resigned from my previous organisation, I had 11 annual leaves pending which was adjusted against my notice period. I was not paid for those 11 days neither as salary or through leave encashment.

I was told that leaves adjusted against notice are not paid, it is universal rule.

Which law governs the above event.

Please any one help me out, It is very urgent.

Best Regards

Jeet

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4 Replies

Harpreet (* * * * * *) (1670 Points)
Replied 03 August 2010

Aisa kuch nahi ki 11 leaves thi and uski salary milni chahiye. Ask HR Department for your company rules as har company ka leaves ke rules alag hote hai. Agar aapko appointment letter mila tha or aapka probation period finish ho chuka tha to you need to submit one month notice if probation period nahi finish hua tha to you do not need to submit notice period to the company. Or aapki leave me se to wo cut karenge hi karenge agar notice less days ka hoga. Ask politely with them that what is the procedure, they will explain you.

Hope you got my point.

Regards,

harpreet

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jeets (CS ) (461 Points)
Replied 03 August 2010

OK,

I got your point,

what you are trying to say is If I have 30 paid leaves, and if I'm supposed to serve 30 days notice. I resign on the spot, My leaves are adjusted against notice.

Meri chutti ho jayegi woh bhi khali haath. Is this correct?

CA. BIJENDER KR. BANSAL (ACA, B.COM) (8148 Points)
Replied 03 August 2010

AGREED, EVERY COMPANY HAS MAKE THIER LEAVE POLICIES FOR EMPLOYEE. PLEASE GO TO HR DEPARTMENT AND DEMAND LEAVE POLICY.

PLEASE SEE BELOW THE LEAVE POLICY OF A COMPANY IN WHICH CLEARLY MENTIONED ABOUT IT.

Earned Leave

The leave entitlement is 22 working days for each completed year of service and accrues after completion of one year of service in the firm.

After the first year of service is completed, leave will accrue on April 1 every year.

Intermediate Saturdays / Sundays / Declared holidays will be excluded from leave.

Declared Working days (if any) will be included in leave calculation.

The maximum number of days of leave a Staff Member may accumulate is 44 days.

There is no provision for encashment of leave, during the tenure of service or at the time of separation from the firm.

Before proceeding on leave, a Staff Member is required to submit the Leave Application Form to the concerned Project Director / Manager (at Level 5).

In the event of a transfer from other service lines of PwC, balance leave upto a maximum of 44 days may be transferred.

After submitting his / her resignation, a Staff Member will not be eligible for availing any leave. Any balance leave however, may be adjusted against the notice period with the sanction of the concerned PM / PD.

In the event of a Staff Member resigning before completion of one year of service, no leave may be adjusted against the notice period on account of a zero leave balance.

For new joinees who have not completed 1 year of service in the firm and for Staff Members applying for leave more than their available balance, Leave in Advance may be granted . However, this would be recovered from the staff in case of resignation before accrual of the said leave.