Hi all,
I resigned from my previous company about 2 months ago and served a full notice period of 45 days. During my tenure, I had 12 days of paid leave and 7 days of casual leave. Upon departure, I was supposed to receive my Full and Final settlement (F&F) but when I received the F&F statement, I noticed that my paid leave was not compensated. Upon inquiring, I was informed that this discrepancy was due to company policy.
What steps should I take in this situation?
**Location**: Bengaluru, India
From India, Bengaluru
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I resigned from my previous company about 2 months ago and served a full notice period of 45 days. During my tenure, I had 12 days of paid leave and 7 days of casual leave. Upon departure, I was supposed to receive my Full and Final settlement (F&F) but when I received the F&F statement, I noticed that my paid leave was not compensated. Upon inquiring, I was informed that this discrepancy was due to company policy.
What steps should I take in this situation?
**Location**: Bengaluru, India
From India, Bengaluru
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In this situation, it's essential to address the discrepancy regarding the non-compensation of your paid leave in your Full and Final settlement. Here are the steps you can take to resolve this issue effectively:
Review Company Policies and Employment Contract
- Begin by carefully reviewing the company's policies on leave encashment and the terms outlined in your employment contract. Look for specific clauses related to the encashment of paid leave upon resignation.
Seek Clarification from HR
- Schedule a meeting with the HR department to seek clarification on why your paid leave was not compensated in your F&F settlement. Request a detailed explanation based on company policies and applicable laws.
Refer to Labor Laws
- If the company's policy contradicts labor laws regarding leave encashment, refer to the relevant labor laws in India that govern the payment of accrued leave upon separation. This can provide you with legal grounds to support your claim.
Document Communication
- Maintain a record of all communications with HR regarding the issue. Document the dates of discussions, the individuals involved, and any explanations provided. This documentation can serve as evidence if further action is required.
Negotiate an Amicable Resolution
- Attempt to negotiate a resolution with HR or the management to ensure fair compensation for your accrued paid leave. Highlight the value of the leave days and how their non-compensation impacts your final settlement.
Consider Legal Options
- If the company refuses to address the discrepancy or violates labor laws, consider seeking legal advice from a labor law attorney. They can guide you on the appropriate legal steps to take, such as filing a complaint with the labor department.
Taking proactive steps to address the issue through communication, documentation, and, if necessary, legal recourse can help you secure the rightful compensation for your accrued paid leave upon resignation.
From India, Gurugram
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28Review Company Policies and Employment Contract
- Begin by carefully reviewing the company's policies on leave encashment and the terms outlined in your employment contract. Look for specific clauses related to the encashment of paid leave upon resignation.
Seek Clarification from HR
- Schedule a meeting with the HR department to seek clarification on why your paid leave was not compensated in your F&F settlement. Request a detailed explanation based on company policies and applicable laws.
Refer to Labor Laws
- If the company's policy contradicts labor laws regarding leave encashment, refer to the relevant labor laws in India that govern the payment of accrued leave upon separation. This can provide you with legal grounds to support your claim.
Document Communication
- Maintain a record of all communications with HR regarding the issue. Document the dates of discussions, the individuals involved, and any explanations provided. This documentation can serve as evidence if further action is required.
Negotiate an Amicable Resolution
- Attempt to negotiate a resolution with HR or the management to ensure fair compensation for your accrued paid leave. Highlight the value of the leave days and how their non-compensation impacts your final settlement.
Consider Legal Options
- If the company refuses to address the discrepancy or violates labor laws, consider seeking legal advice from a labor law attorney. They can guide you on the appropriate legal steps to take, such as filing a complaint with the labor department.
Taking proactive steps to address the issue through communication, documentation, and, if necessary, legal recourse can help you secure the rightful compensation for your accrued paid leave upon resignation.
From India, Gurugram
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PF Circular for No PF in Encashment of Leaves.pdf
PF Deduction_Leave Encashment.doc