My LWD with my origination was 25th March and I had 22 Leave in my account at that time. When I received FnF statement they have encashed only 7.3 leaves saying that 15 leaves are lapsed as per the rule.
They have rule of carry forwarding 7 leave only after 31st March , And they are denying to pay encashment for 15 days leaves.
Can I file a case against my employer for this?
From India, Pune
They have rule of carry forwarding 7 leave only after 31st March , And they are denying to pay encashment for 15 days leaves.
Can I file a case against my employer for this?
From India, Pune
From the bare details given, it cannot be concluded that there exists a case or not. Now that you have decided to take legal recourse, it is better to consult an advocate.
If you are working in a factory and comes within the definition of 'Workman'as per the Factories Act 1948. Section 79 (3) makes it mandatory that the workman has to be paid within two days of termination of service the quantum of leave to which he was entitled immediately before such termination of service. The relevant Sub-section is quoted below:
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made—
(i) where the worker is discharged or dismissed or quits employment, before the expiry of the
second working day from the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months
from the date of such superannuation or death.]
From India, Mumbai
1534If you are working in a factory and comes within the definition of 'Workman'as per the Factories Act 1948. Section 79 (3) makes it mandatory that the workman has to be paid within two days of termination of service the quantum of leave to which he was entitled immediately before such termination of service. The relevant Sub-section is quoted below:
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made—
(i) where the worker is discharged or dismissed or quits employment, before the expiry of the
second working day from the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months
from the date of such superannuation or death.]
From India, Mumbai
I wonder if you know what the cost of filing a case in India is.
And the time commitment you will need to give for it
And how your new employer will look at your employment history after that.
And all for 15 days leave?
I would also suggest that when you post anything on this forum, give the full background details or you will not get the proper suggestion or reply from members. For example, your designation and type of organisation you were working for will make a major difference to the answer.
From India, Mumbai
And the time commitment you will need to give for it
And how your new employer will look at your employment history after that.
And all for 15 days leave?
I would also suggest that when you post anything on this forum, give the full background details or you will not get the proper suggestion or reply from members. For example, your designation and type of organisation you were working for will make a major difference to the answer.
From India, Mumbai
Dear Sir/ Mam,
Just wanted to know as per law what PL encashment policy. Can a company encash half of the leaves to employees from the accumulated leaves ? Please clarify ( it is the company's policy)
From India, Mumbai
Just wanted to know as per law what PL encashment policy. Can a company encash half of the leaves to employees from the accumulated leaves ? Please clarify ( it is the company's policy)
From India, Mumbai
There is no law that requires the company to give cash in exchange of unused leaves.
Factories Act and Shop & Establishment acts (depending on the state) have rules for carry forward and lapsing, but the encashment is applicable only on resignation / termination and not otherwise (check your state rules)
However, there may be provisions in the Standing Orders if they apply to you which have to be followed. The standing orders can not give rights less than what the act itself gives.
Otherwise, the company is free to make a policy that it wants as long as it has been communicated at joining or accepted from time to time by the employee (including deemed acceptance by not refusing and continuing to work)
The only time it can not lapse is if the employee asked for leave and it was denied.
From India, Mumbai
Factories Act and Shop & Establishment acts (depending on the state) have rules for carry forward and lapsing, but the encashment is applicable only on resignation / termination and not otherwise (check your state rules)
However, there may be provisions in the Standing Orders if they apply to you which have to be followed. The standing orders can not give rights less than what the act itself gives.
Otherwise, the company is free to make a policy that it wants as long as it has been communicated at joining or accepted from time to time by the employee (including deemed acceptance by not refusing and continuing to work)
The only time it can not lapse is if the employee asked for leave and it was denied.
From India, Mumbai
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc
EPFO Circular Leave Encashment.jpg