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Offset remaining leave entitlement against resignation letter

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asked on Aug 30, 2013 at 05:03
by   ideham
I work in an MNC where the notice period to be served is 3 months, which was stated in the offer letter.
Should i have an extremely high number of leave entitlement which i like to offset against the 3 months notice, do i have the right to apply this?
Brought this matter up with HR and they say that this is an 'exceptional' case whereby the approver to give such exceptions will be from the Head of the Centre.

My question is, do they have that much power to make such decisions?
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answered on Sep 1, 2013 at 05:55
by   arun1011
Hi there

Normally you would be allowed to offset your unused annual leave entitlement to the notice period. However if your leave entitlement is as a result of accumulation from previous years, then it depends on your letter of offer and employment handbook, ie, if these leaves can be carried forward.
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answered on Sep 9, 2013 at 01:03
by   arun1011
hi there

Based on paragraph 5.3.2, you indeed have a right just to inform the Company that your not returning. If the Company states that you should still serve 3 months, then its their interpretation and if i were you i would just stick to paragraph 5.3.2 and write a letter stating paragraph 5.3.2. The worst thing which can happen to you is the Company suing you for the 3 months notice which i would think would be unlikely.
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