Leave Encashment Provisions
Dear All
If you have case laws pertaining to leave encashment at the time of separation and during service period
2. Views, position, practices pertaining to notice period and availing of leave accumulation
Appreciate your inputs in this forum as well to;
Thanks and best wishes
Ram K Navaratna
From India, Bangalore
244Dear All
If you have case laws pertaining to leave encashment at the time of separation and during service period
2. Views, position, practices pertaining to notice period and availing of leave accumulation
Appreciate your inputs in this forum as well to;
Thanks and best wishes
Ram K Navaratna
From India, Bangalore
Number of Leaves an employee is entitled to, carry forward of the unavailed leave, the maximum number of such accumulations and encashment will depend upon the nature of industry and the state rules in this regard. Therefore, there is no need to refer any case studies but you can refer to the Act to which your establishment applies. If it is a factory, then refer to Factories Act, if a plantation refer to Plantation Labour Act and if a shop or commercial establishment, refer to your state Shops and Commercial Establishments Act.
None of these Acts permits encashment while in service though the balance of earned leave shall be encashed at the time of discharge of any employee. The Factories Act permits accumulation of 24 leaves whereas it is 30 under various Shops Act.
From India, Kannur
None of these Acts permits encashment while in service though the balance of earned leave shall be encashed at the time of discharge of any employee. The Factories Act permits accumulation of 24 leaves whereas it is 30 under various Shops Act.
From India, Kannur
Dear Madhu
Thank you. Position of the law is clear.
The trend is many employees without notice or non complying notice clause disappear. But leave accumulated in their account.?
Employers action?
Thanks
Ram K Navaratna
From India, Bangalore
Thank you. Position of the law is clear.
The trend is many employees without notice or non complying notice clause disappear. But leave accumulated in their account.?
Employers action?
Thanks
Ram K Navaratna
From India, Bangalore
If the employee concerned is coming under 'workman' then he may be given leave encashment. This is because there is no such provision that a worker should give advance notice if he wishes to leave the company but to terminate him from service, the employer has to give notice.
At the same time, if not coming under 'workman', you may set off leave encashment against notice period. No issue.
From India, Kannur
At the same time, if not coming under 'workman', you may set off leave encashment against notice period. No issue.
From India, Kannur
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
EPFO Circular Leave Encashment.jpg