My company has stopped leave encashment. I have more than 100 days' leave balance. what shall I do? Any method to claim the amount.?
From India, Mumbai
From India, Mumbai
Hi Rakesh, First of all, how do you have a leave balance of 100 days? What is the leave carry forward policy in your company refer to?
From India, Bangalore
477From India, Bangalore
Hello Rakesh
If your company policies allows you can accumulate more than 100 days of leave.But as per factories act you can accumulate upto 30 days, and the organization all of a sudden cannot stop leave encashment. Prior notice have to given to the employees.
And you start applying for leave to reduce your leave balance
Vijay Kumar
HR Trainee
From India, Bangalore
If your company policies allows you can accumulate more than 100 days of leave.But as per factories act you can accumulate upto 30 days, and the organization all of a sudden cannot stop leave encashment. Prior notice have to given to the employees.
And you start applying for leave to reduce your leave balance
Vijay Kumar
HR Trainee
From India, Bangalore
Dear Rakesh,
You please clarify that your leave rules governed under which rules your leaves are governed. Whether Factory Act and Rules or under Shops & Est or any other acts or Management rules. If you are governed under statutory rules, your accumulation is not permitted beyond 30 days. In case you applied and rejected certain period, the applied leave is permitted to carry to next year. If you are governed by the Management Rules, the accumulation of leave at the discretion of the Management may permit upto 60 days or maximum 90 days. If your company stops the encashment policy, keep the minimum permitted leave as balance over and above this you can enjoy. You cannot insist the Management for leave encashment. If you are governed under statutory rules, then you have the right to enjoy the leave or leave wages seperately.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
You please clarify that your leave rules governed under which rules your leaves are governed. Whether Factory Act and Rules or under Shops & Est or any other acts or Management rules. If you are governed under statutory rules, your accumulation is not permitted beyond 30 days. In case you applied and rejected certain period, the applied leave is permitted to carry to next year. If you are governed by the Management Rules, the accumulation of leave at the discretion of the Management may permit upto 60 days or maximum 90 days. If your company stops the encashment policy, keep the minimum permitted leave as balance over and above this you can enjoy. You cannot insist the Management for leave encashment. If you are governed under statutory rules, then you have the right to enjoy the leave or leave wages seperately.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
Hi Rakesh ,
Whether you are employed in Factory or shop & establishment
In which state of India your establishment is located.
Go through your Appointment letter regarding leave entitlement,also service rules , /standing orders of your establishment,
Could you please mail copy of your appointment letter , your contact details , so as to give my opinion.
thanks and regards.
RL Dhingra, Advocate,
Labour Law Consultant,Delhi & NCR
Mob.09818309937
Email:rld_498@rediffmail.com
From India, Delhi
Whether you are employed in Factory or shop & establishment
In which state of India your establishment is located.
Go through your Appointment letter regarding leave entitlement,also service rules , /standing orders of your establishment,
Could you please mail copy of your appointment letter , your contact details , so as to give my opinion.
thanks and regards.
RL Dhingra, Advocate,
Labour Law Consultant,Delhi & NCR
Mob.09818309937
Email:rld_498@rediffmail.com
From India, Delhi
Dear Mr.Dhingra,
None of the company or establishment shall mention in the appointment order as regards leave rules and encashment. The appointment order at most will mention as regards the leave enmtitlement either as per the statutory rules applicable or as per the companys rules which are inforce or governed by the companys certified standiong orders. Unless we know the reality of the querry as raised by Mr.Rakesh we cannot give our right opinion.
Adoni Suguresh
Sr.Executive (Pers & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
None of the company or establishment shall mention in the appointment order as regards leave rules and encashment. The appointment order at most will mention as regards the leave enmtitlement either as per the statutory rules applicable or as per the companys rules which are inforce or governed by the companys certified standiong orders. Unless we know the reality of the querry as raised by Mr.Rakesh we cannot give our right opinion.
Adoni Suguresh
Sr.Executive (Pers & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Many Cos. today have Leave Rules Framed for the employees providing for max. PL /EL accumulation, Encashment rules while in service for any contingency or at the time of separation. The Management do not outrightly curtial the benefit of employees & they should give advance notice when they plan to cancel / curtial any benefit.
Pl. reveal all facts as suggested by seniors to offer the solution.
18.1.16
From India, Mumbai
Pl. reveal all facts as suggested by seniors to offer the solution.
From India, Mumbai
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