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notice period

(Querist) 07 March 2011 This query is : Resolved 
dear experts,
If a employer give the notice of 3 months to his/her employee. can employee take the Medical leave in his/her notice period. And if a employee is sick & he/she has no medical leave balance, can he/she take without pay leave? is notice period exend?. if yes pl. send any supreme or high court judgements relating to this.
Ajay Bansal (Expert) 07 March 2011
First of all it is to be seen what service rules are applicable in this case.So give particulers of employer.
Rupesh (Querist) 07 March 2011
Employee is Lecturer in private college. And there is nothing mention in appointment letter regarding what rules are applicate in notice period.
Basavaraj (Expert) 07 March 2011
yes employee has fully rights to obtain and he is eligible to obtain leave during the notice period also, even if appointment is not providing any terms about notice period.

As per the Article 19 of the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under article 19.

The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will.
Rupesh (Querist) 07 March 2011
pl. send any judgement regarding a employee can take the medical leave or without pay leave in the notice period.


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