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p_s_p (Team Lead)     14 June 2010

Notice Period and relieving date

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 my company Weekends, (Saturday and Sunday) are not part of LEAVES. While applying for the leaves, if Weekends come in between, they are still marked and considered as Weekends, only working days are deducted from the annual leave balance.

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



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 June 2010

6th may is the effective date because you are specifially mentioned in your resignation letter "Please accept this as formal notice of my resignation from the position of xxx, with effect from 6th May 2010".  If you had written from the date of receipt of the notice effective date could have been arisen from the date of receipt of the resisgnation letter by the co.,

p_s_p (Team Lead)     18 June 2010

Thanks rajeev for looking into this and replying to my post and helping me.

Sorry for the delay in replying you back as I was busy with other assingments. I request you to kindly highlight your thoughts on LWD as well. Requesting your kind cooperation.


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