Dear Mr Nathrao,
You have given very good piece of advice to everyone. But interpretation of many provisions of law is complex.
As regards casual leave under section 22 (1)(b) of Delhi Shops and Establishment Act, an employee is entitled to one days casual leave after having put in one month's continuous service. Thus it is admissible after rendering one month service and excess casual leave availed can be deducted out of Wages as per deductions under section 20 of the Act from the wages at the time of settlement.
The queriest should have asked specifically asked for such clarification as regards CL.
Thanks
Sushil
From India, New Delhi
221You have given very good piece of advice to everyone. But interpretation of many provisions of law is complex.
As regards casual leave under section 22 (1)(b) of Delhi Shops and Establishment Act, an employee is entitled to one days casual leave after having put in one month's continuous service. Thus it is admissible after rendering one month service and excess casual leave availed can be deducted out of Wages as per deductions under section 20 of the Act from the wages at the time of settlement.
The queriest should have asked specifically asked for such clarification as regards CL.
Thanks
Sushil
From India, New Delhi
Dear Yeswanth ji,
Your question is on legal clause to withhold or deduct the salary of an employee when there is a negative leave balance at the time of relieving him.
Our senior member Sushil ji has given you the legal clause. But to give specific and to the point answer to your query my say is as under:
First of all, you asked a question in the title of the thread - Legally Can We Withhold The Salary Due To Negative Leave Balance If The Employee Leaves The Company? Answer to it - No. You can not withhold the salary or settlement entirely. However, it is your right to recover the amount excess paid by you, if any. In such case, the recovery is more than the amount due, you can write to the employee and start the process of recovery of excess amount.
Now, your query on legal clause to withhold the salary....... Answer to it - As answered above by me, you can not withhold the entire salary.
Your query on legal clause to deduct the salary....... Answer to it - As given by Sushil ji as above.
From India, Mumbai
Your question is on legal clause to withhold or deduct the salary of an employee when there is a negative leave balance at the time of relieving him.
Our senior member Sushil ji has given you the legal clause. But to give specific and to the point answer to your query my say is as under:
First of all, you asked a question in the title of the thread - Legally Can We Withhold The Salary Due To Negative Leave Balance If The Employee Leaves The Company? Answer to it - No. You can not withhold the salary or settlement entirely. However, it is your right to recover the amount excess paid by you, if any. In such case, the recovery is more than the amount due, you can write to the employee and start the process of recovery of excess amount.
Now, your query on legal clause to withhold the salary....... Answer to it - As answered above by me, you can not withhold the entire salary.
Your query on legal clause to deduct the salary....... Answer to it - As given by Sushil ji as above.
From India, Mumbai
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Salary-Note.doc
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