Sir,
I would like to know the legal right of the Sales promotion Employee on the encashment of earned leave at his retirement time . Is he eligible for 6 months (180days) salary if he has 180 days earned leave in his leave accounts ? Or less ?
From India, Kozhikode
I would like to know the legal right of the Sales promotion Employee on the encashment of earned leave at his retirement time . Is he eligible for 6 months (180days) salary if he has 180 days earned leave in his leave accounts ? Or less ?
From India, Kozhikode
Dear Sir,
I am appending extract of SPE Rules.
This should clarify your concern.
14. Earned leave and cash compensation for earned leave not availed of.--The maximum
limit up to which earned leave can be accumulated shall be 180 days out of which a sales promotion
employee can avail himself of 90 days at a time :
Provided that where a sales promotion employee is suffering from any lingering illness, such as,
tuberculosis, cancer, leprosy, heart disease or mental illness, or any disability which prevents him from
attending to his duties, teh competent authority may allow the sales promotion employee to avail himself of
earned leave for any period exceeding 90 days at a time.
(2) When a sales promotion employee voluntarily relinquishes his post, or retires from service on
reaching the age of superannuation, he shall be entitled to cash compensation for earned by him and not
availed of :
Provided that a sales promotion employee shall not be entitled to cash compensation for earned
leave not availed of for a period exceeding 120 days.
(3) Notwithstanding anything contained in sub-rule (2) where a sales promotion employee had
applied for earned leave due to him so as to enable him to avail of such leave immediately before he
voluntarily relinquishes his post or retires on reaching the age of superannuation and such leave was
refused, the sales promotion employee shall be entitled to cash compensation for the entire period of earned
leave so refused as well as cash compensation for the period of earned leave due to him, in respect of which
no application to avail of the same was made ; so however, that total period of earned leave for which cash
compensation shall be payable under this sub-rule shall not exceed 180 days.
From India, Delhi
89I am appending extract of SPE Rules.
This should clarify your concern.
14. Earned leave and cash compensation for earned leave not availed of.--The maximum
limit up to which earned leave can be accumulated shall be 180 days out of which a sales promotion
employee can avail himself of 90 days at a time :
Provided that where a sales promotion employee is suffering from any lingering illness, such as,
tuberculosis, cancer, leprosy, heart disease or mental illness, or any disability which prevents him from
attending to his duties, teh competent authority may allow the sales promotion employee to avail himself of
earned leave for any period exceeding 90 days at a time.
(2) When a sales promotion employee voluntarily relinquishes his post, or retires from service on
reaching the age of superannuation, he shall be entitled to cash compensation for earned by him and not
availed of :
Provided that a sales promotion employee shall not be entitled to cash compensation for earned
leave not availed of for a period exceeding 120 days.
(3) Notwithstanding anything contained in sub-rule (2) where a sales promotion employee had
applied for earned leave due to him so as to enable him to avail of such leave immediately before he
voluntarily relinquishes his post or retires on reaching the age of superannuation and such leave was
refused, the sales promotion employee shall be entitled to cash compensation for the entire period of earned
leave so refused as well as cash compensation for the period of earned leave due to him, in respect of which
no application to avail of the same was made ; so however, that total period of earned leave for which cash
compensation shall be payable under this sub-rule shall not exceed 180 days.
From India, Delhi
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