Dear HR Colleagues,
Please guide me on the following issue:
Employee has resigned from service and his leave has never been refused during service.
Once the person submits resignation, leave balance at credit gets freezed and he is neither
allowed to avail leave during notice period nor given encashment of balance leave.
This organisation is one of the Government Undertakings and is governed by Bombay Shops & Establishment Act.
In case of Death and Retirement the leave encashment is given alongwith the Final Settlement.
What is the legal stand on this. Your early responses will help me a lot.
Thanx & Regards,
Nitin Daangal
Deputy Manager
HR & Corporate Services
Reichhold India Private Limited
Phone:02138-675000, 020-66440000, 9730631234.
Email:nitin.daangal@reichhold.com,Reichhold Home
From United States, Raleigh
Please guide me on the following issue:
Employee has resigned from service and his leave has never been refused during service.
Once the person submits resignation, leave balance at credit gets freezed and he is neither
allowed to avail leave during notice period nor given encashment of balance leave.
This organisation is one of the Government Undertakings and is governed by Bombay Shops & Establishment Act.
In case of Death and Retirement the leave encashment is given alongwith the Final Settlement.
What is the legal stand on this. Your early responses will help me a lot.
Thanx & Regards,
Nitin Daangal
Deputy Manager
HR & Corporate Services
Reichhold India Private Limited
Phone:02138-675000, 020-66440000, 9730631234.
Email:nitin.daangal@reichhold.com,Reichhold Home
From United States, Raleigh
Hi
During the Notice period it is the employer discretion to give leave to the employee who had tendered his resignation.
The balance leave to the credit of the employee as up to the date of his leaving the services had to be paid at the time of full and final settlement, the employer can not deny, if he do not oblige for leave encashment that he is defaulting him self and it is a illegal stand taken by the employer.
Mohan Rao
Manager HR
From India, Visakhapatnam
22During the Notice period it is the employer discretion to give leave to the employee who had tendered his resignation.
The balance leave to the credit of the employee as up to the date of his leaving the services had to be paid at the time of full and final settlement, the employer can not deny, if he do not oblige for leave encashment that he is defaulting him self and it is a illegal stand taken by the employer.
Mohan Rao
Manager HR
From India, Visakhapatnam
Dear Nitin,
While in service, if accumulated leave days are likely to get lapsed, a good company would allow encashment or ask him to go on vacation for allowable days. So he is not denied of his rights.
Also, leave encashment comes into picture at the time of separation. If he has required leave balance on hand, he can ask you to waive the notice period or stay away from work. It depends on the service separation clause mentioned in the offer letter.
You have no rights to freeze and deprive him of his accumulated leave days. He can well sue the company. Excepting few, many companies coming under Bombay Shops & Establishments Act, have framed their own fancy rules. If you have the voice, please try to explain your management, if they are really willing to hear from you.
Say, you have 5000/- in your SB A/c. You are thinking to close the account and appraoch the bank manager. He comes to know about this and tries to freeze your account and stops you from either withdrawing or closing the account.
Is this right? Yes...there you are...that is the answer to your reply.
Regards,
Chandru
From India, Madras
While in service, if accumulated leave days are likely to get lapsed, a good company would allow encashment or ask him to go on vacation for allowable days. So he is not denied of his rights.
Also, leave encashment comes into picture at the time of separation. If he has required leave balance on hand, he can ask you to waive the notice period or stay away from work. It depends on the service separation clause mentioned in the offer letter.
You have no rights to freeze and deprive him of his accumulated leave days. He can well sue the company. Excepting few, many companies coming under Bombay Shops & Establishments Act, have framed their own fancy rules. If you have the voice, please try to explain your management, if they are really willing to hear from you.
Say, you have 5000/- in your SB A/c. You are thinking to close the account and appraoch the bank manager. He comes to know about this and tries to freeze your account and stops you from either withdrawing or closing the account.
Is this right? Yes...there you are...that is the answer to your reply.
Regards,
Chandru
From India, Madras
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