I am working in an IT company in pune for past 2.5 years. Following is the scenario of the situation:
As per company policy I have to serve two months notice (60 days). One of the statements in the “Notice Period” policy is as follows:
You are expected to complete the transition smoothly, employees are advised not to apply for leave during the notice period, as it impacts the handover process, however, if they do so, the approval is at the discretion of the employees manager.
I had applied for 6 days leave long back which was already approved by the manager even before I got a new job. Unfortunately, those leaves were now falling in my Notice Period. Hence as a work around following communication took place between me and my manager:
You will be required to serve mandatory two months notice . You also have applied for leave at end ( total 6 working days) of May 2010 . You have agreed to extend your last working day if this leave is availed . Request you to kindly confirm on this , so that we can finalize on your last working day .
To this my response was as follows:
I hereby confirm, to extend my last working day by the number of days of leaves that I will be availing in the month of May 2010. Please finalize my last working day and let me know.
I resigned from the company on 6th May 2010 before end of the day (as per Official Time policy) stating the following:
Please accept this as formal notice of my resignation from the position of xxx, with effect from 6th May 2010.
My question is from when the notice period should get started 6th May or 7th May?
Further I have confirmed from the company’s support desk that Notice Period is INCLUSIVE of Weekends and Holidays, they have also confirmed that in case if I do take 6 days leave, my Last Working Day (LWD) would get extended by 6 DAYS from my actual LWD.
However, the HR person is forcing me to serve extended notice period as 6 WORKING DAYS only. He is stating that since I have taken 6 Working days leaves, I need to compensate by serving 6 WORKING DAYS only. If I do this I am actually serving 68 days of notice period instead of 66 days.
Hence I would like to know what exactly should by my LWD?
As per my calculations my LWD should be 10th July 2010:
Resignation Date = 6th May 2010
Notice Period = (6th May 2010 + 59 days) = 4th July 2010
Leaves Taken = 6 days
Actual LWD = 4th July 2010 + 6 days = 10th July 2010
But as per HR representative,
Resignation Date = 6th May 2010
Notice Period = (7th May 2010 + 59 days) = 5th July 2010
Leaves Taken = 8 days [6 Working days + 2 days weekend holidays]
Actual LWD = 5th July 2010 + 8 days = 13th July 2010
I would not like to serve even single day more to the company