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Denial of rights during notice period Denial of rights during notice period

3 years ago

I am serving notice period in my organisation. HR asked me to continue, I decided to go ahead with resignation. From the day of resignation, HR is behaving rudely and telling new conditions in such a way it extends my last working day. As per the agreement notice period is 60 days. But there is no clause related to availing leave during notice period. But, I was informed by HR that taking leave during notice period will increase the date of relieving proportionately. HR is not ready to share the policy document which states about leave during notice period. What should I do. Leaves are not encashable also

Anik

Responded 3 years ago

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A.Hi,
An employee can take encashment leave while quitting service, superannuation, discharge, dismissal or death. Leave encashment should be as per average daily wages of an employee. An employee can take leave during notice period, provided it is for a genuine reason like maternity, health issues, etc. However, it will depend upon the organizational policy.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
It will depend upon the terms and conditions of your employment agreement and the notice period policy agreement.
Initially, a request application may be made to the HR department for seeking the details of the policy agreement. If no action is taken, you may take legal actions against them.
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