Dear Mr. Nathrao,
You have given a very good piece of advice to everyone. However, the interpretation of many provisions of the law is complex.
Regarding casual leave under section 22(1)(b) of the Delhi Shops and Establishment Act, an employee is entitled to one day's casual leave after having completed one month's continuous service. Thus, it is admissible after rendering one month of service, and any excess casual leave taken can be deducted from the wages at the time of settlement, as per deductions under section 20 of the Act.
The queriest should have specifically asked for such clarification concerning CL.
Thanks,
Sushil
From India, New Delhi
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236You have given a very good piece of advice to everyone. However, the interpretation of many provisions of the law is complex.
Regarding casual leave under section 22(1)(b) of the Delhi Shops and Establishment Act, an employee is entitled to one day's casual leave after having completed one month's continuous service. Thus, it is admissible after rendering one month of service, and any excess casual leave taken can be deducted from the wages at the time of settlement, as per deductions under section 20 of the Act.
The queriest should have specifically asked for such clarification concerning CL.
Thanks,
Sushil
From India, New Delhi
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Dear Yeswanth Ji,
Your question pertains to the legal clause regarding the withholding or deduction of an employee's salary when there is a negative leave balance at the time of their relieving.
Our senior member, Sushil Ji, has provided you with the legal clause. However, to provide a specific and concise answer to your query, I would like to state the following:
Firstly, you posed 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?" The answer to this is no. You cannot withhold the salary or settlement entirely. Nevertheless, you have the right to recover any excess amount that has been paid. If the excess amount to be recovered exceeds the amount due, you may notify the employee in writing and initiate the recovery process for the excess amount.
Regarding your query on the legal clause for withholding the salary, the answer remains the same as mentioned earlier - you cannot withhold the entire salary.
As for your query on the legal clause for deducting the salary, please refer to Sushil Ji's response as stated above.
I hope this clarifies the legal aspects of the salary withholding and deduction in the context of negative leave balances. If you have any further questions, please do not hesitate to ask.
Best regards,
[Your Name]
From India, Mumbai
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Your question pertains to the legal clause regarding the withholding or deduction of an employee's salary when there is a negative leave balance at the time of their relieving.
Our senior member, Sushil Ji, has provided you with the legal clause. However, to provide a specific and concise answer to your query, I would like to state the following:
Firstly, you posed 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?" The answer to this is no. You cannot withhold the salary or settlement entirely. Nevertheless, you have the right to recover any excess amount that has been paid. If the excess amount to be recovered exceeds the amount due, you may notify the employee in writing and initiate the recovery process for the excess amount.
Regarding your query on the legal clause for withholding the salary, the answer remains the same as mentioned earlier - you cannot withhold the entire salary.
As for your query on the legal clause for deducting the salary, please refer to Sushil Ji's response as stated above.
I hope this clarifies the legal aspects of the salary withholding and deduction in the context of negative leave balances. If you have any further questions, please do not hesitate to ask.
Best regards,
[Your Name]
From India, Mumbai
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