Dear Professionals, My friend is working in a hair extension manufacturing company owned by an American. She is in her notice period as she resigned her job. She has earned 15 days of leave. Her management told her that there was no leave encashment for that and insisted that she avail of the 15 days of leave and be relieved from her job. But she wanted to work for the notice period and to have leave encashment. Please give a solution regarding getting leave encashment.
Regards,
Kiruthiga Chandran
HR Executive
From India, Dharmapuri
Regards,
Kiruthiga Chandran
HR Executive
From India, Dharmapuri
Since the establishment is a factory, the Factories Act will be applicable to it. As such, the employee is entitled to get the unavailed earned leave surrendered and encashed at the time of discharge from the factory. This is a right and the employer cannot change. Please refer section 79 of the Factories Act for details.
From India, Kannur
4246From India, Kannur
As per sec 2 (m) of Factories Act, 1948 the establishment comes under the Factories Act, u/s 79(3) she is eligible for the encashment. In view of sub section (3) of section 79, which provides that even when the workman quits his service on his/her own account he shall be paid leave wages, employee who tendered resignation with notice is entitle to claim wages for earned leave.
Your friend eligible for earned leave encashment.
From India, Hyderabad
Your friend eligible for earned leave encashment.
From India, Hyderabad
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