Legal Question in Employment Law in India
Dear SIr,
I have submitted resignation letter with three month notice period. At the time resignation i have sufficient Sick, Casual and PL leaves.
As per appointment letter, empoloyee can not take laves during notice period.
If i take company will tret this LWP and will extend my notice period.
Can i take SL or PL for during this period . Also if they are making us LWP then can file case against company ? and where. I am at manager Business Development position
1 Answer from Attorneys
17.02.2014
Dear Sir / Madam,
The general rule is that all accumulated leave standing to the credit of the employee can be adjusted against his / her notice period. In your case, the Company's policy states that all accumulated leaves lapse if the employee resigns from service, which is incorrect and can be challenged. You may write to the Labour Commissioner for redressal of your grievances.
Regards,
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