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Hi Amarjit,
That true, first you read the terms and condition of your appointment letter, if your notice period is one month then you cant demand any money for extra month, Either your serve one month notice period or if employer wants to relieve you before the complitin of notice period by paying in lieu of notice period.

From India, New Delhi
Dear Srini,
If leave policy of your organisation which is mentioned in your appointment/offer letter clearly that you should have to take your leave within stipulated time period. If not take then such leave will get lapsed every year. Some where it is quarterly/half yearly/yearly some leave getting lapse if not taken. Only Emergency leave is get en-cashed during notice period. If you willing to quit the organisation and want to take leave you can take only sick leave(SL) during the notice period. CL is getting lapsed during the notice period. Till today very rare organisation providing reward to their employees who have taken lesser leave. The HR policy may vary from organisation to organisation. So kindly consult your HR dept. to get more accurate & up-to-dated HR policy of your organisation.
Thanks & Best Regards:
VIKAS

From India, Hyderabad
  • Your query is not very clear. What I am assuming is : you want to remove a 4 year old employee, due to financial problems faced by your company. You want to terminate the services of the employee since he has become unaffordable to you and you want to terminate him with the help of termination clause in the appointment letter.
  • As per terms of appointment, you need to give one month notice or one month salary as a notice pay. As stated by you, termination notice is already served by you and employee is supposed to work with you for further period of one month. But employee either wants to be relieved earlier or he is not interested in serving notice period.
  • Under the circumstances one option is: since you want to get rid of an employee due to financial reasons, I am assuming that, you also do not have enough work to offer to that particular employee. If you have no work to offer to him and employee wants to get relieved earlier, wave off notice period and relieve him. You will also save some money. (Pl. understand here that, you have offered him notice period but employee doesn't want to serve notice period and you are waving notice period on his request.)
  • In case there is enough work and you want him to serve notice period, insist on serving notice period.
  • On second thought why are you terminating employee ? Why are you attaching stigma of termination in his career and resume ? Instead take him in confidence, discuss the situation with him and persuade him to resign.

From India, Pune
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