Dear Team,
I had joined my previous company on 12-Aug-13 and my last working day was 31-july-14. My company has a Earned leave policy which states that the employee is eligible if he has > 240 working days and that earned leave will be credited post completion of 1 year. Now my concern is i have worked more than 240 days but stort of 12 days in completing 1 year will i be eligible to get earned leave. Kindly help me on this.
From India, Dharwad
I had joined my previous company on 12-Aug-13 and my last working day was 31-july-14. My company has a Earned leave policy which states that the employee is eligible if he has > 240 working days and that earned leave will be credited post completion of 1 year. Now my concern is i have worked more than 240 days but stort of 12 days in completing 1 year will i be eligible to get earned leave. Kindly help me on this.
From India, Dharwad
Hi,
Yourself, you are aware of the relevant rule on the subject, hence the question under reerence should not arise.
However, you may take up with your management to consider your case sympathetically and condone the short period of 12 days and release the pay for the leave period. If they agree it is well and good.
S.K.Johri
From India, Delhi
84Yourself, you are aware of the relevant rule on the subject, hence the question under reerence should not arise.
However, you may take up with your management to consider your case sympathetically and condone the short period of 12 days and release the pay for the leave period. If they agree it is well and good.
S.K.Johri
From India, Delhi
As S K Johri has aptly answered your query, 12 days shortfall does not hamper your eligibility criteria as such, so be patient and request the management.
From India, Ahmadabad
From India, Ahmadabad
As per the Factories Act, for eligibility of Earned Leave, one should work 240 days.
If short fall of one day also will not get eligibility as per act.
But the management can consider beyond the Act and allow if necessary.
If the management considers it will be precedent for everybody who were in short fall days of 240 days . That will become another dispute inviting unnecessarily by the management.
From India, Hyderabad
If short fall of one day also will not get eligibility as per act.
But the management can consider beyond the Act and allow if necessary.
If the management considers it will be precedent for everybody who were in short fall days of 240 days . That will become another dispute inviting unnecessarily by the management.
From India, Hyderabad
Dear All,
Mr. Ajith Kumar P is eligible for earned leave. The 240 days criteria is in force where a workman works in the whole calender year otherwise if one works atleast 2/3rd of the working days makes him eligible for earned leave at one days leave after every 20 days working.
Secondly, the leaves earned in the preceding year is credited and can be availed in the succeeding year but in case of full and final settlement, the management is bound and liable to in cash the earned leaves so earned and any policy of the management whether accepted by the workman can not supersedes the applicable provisions of relevant law of the land.
P K Sharma
From India, Delhi
Mr. Ajith Kumar P is eligible for earned leave. The 240 days criteria is in force where a workman works in the whole calender year otherwise if one works atleast 2/3rd of the working days makes him eligible for earned leave at one days leave after every 20 days working.
Secondly, the leaves earned in the preceding year is credited and can be availed in the succeeding year but in case of full and final settlement, the management is bound and liable to in cash the earned leaves so earned and any policy of the management whether accepted by the workman can not supersedes the applicable provisions of relevant law of the land.
P K Sharma
From India, Delhi
Please permit me to do a technical hair-splitting here.
Factory act says that at time of termination, the workman is entitled to encashment of leave in his credit.
So in this case, the leave gets credited when he completes one year, so at the time of termination he has no leave credited to his account. So he is not eligible for encashment. Therefore, the management is at full liberty to deny the same.
From India, Mumbai
Factory act says that at time of termination, the workman is entitled to encashment of leave in his credit.
So in this case, the leave gets credited when he completes one year, so at the time of termination he has no leave credited to his account. So he is not eligible for encashment. Therefore, the management is at full liberty to deny the same.
From India, Mumbai
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