DEAR SIR Our company gives Leave encashment to the employees .... My question is that should we deduct E.S.I & P.F on leave encashment provided to employees ?
From India, Bangalore
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Dear jadhavrahul,
You need not pay contributions on leave encashment under both the acts.
For ESI-
(22) “wages” means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes 35[any payment to an employee in respect of any period of authorised leave, lock out, strike which is not illegal or lay-off and] other additional remuneration, if any, [paid at intervals not exceeding two months], but does not include—
(a) any contribution paid by the employer to any pension fund or provident fund, or under this Act;
(b) any travelling allowance or the value of any travelling con¬cession;
(c) any sum paid to the person employed to defray special ex¬penses entailed on him by the nature of his employment; or
(d) any gratuity payable on discharge.
For EPF,
Refer the attached files
S.Sethupathy,
Excellent HR Services,
Erode.

From India, Selam
Attached Files (Download Requires Membership)
File Type: pdf Encash_EL.pdf (31.8 KB, 5757 views)
File Type: doc HC MAD 07 LEAVE ENCASHMENT NO WAGES.doc (64.5 KB, 2560 views)
File Type: doc PF deduction on leave encashment.doc (37.5 KB, 3272 views)

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Hi.
Sharing practical not theoretical exp. in general language Leave encashment is paid on annual basis and any amount which is not paid on monthly basis doestn't comes under any deductions also this is not a salary /wages so no deduction is to be made. But You can make deductions(Only ESIC not PF) on Incentives if it's paid on monthly basis since the payments gap is less than 3 months. PF deductions are made only on Basic salary and not on any other benefits provided to employee.
Any Corrections towards this are welcome.

From India, Calcutta
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Dear Yashoda,
Here I am trying to give some practical experience in encashment of leave.
Based on the Company Policy/Standing Orders you can take either Basic+DA or total components.
For both cases you have to divide it by 30 to arrive encashment for one day.
Then you can multiple it with the no of days to be en- cashed. Please note that this encashment will attract IT as the case may be.
Hope it is clear.
S.Sethupathy,
Excellent HR Services,
Erode.

From India, Selam
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Hi Mr. Sethupathy thanks for the information. Some how our leave encashment formula is same as you mentioned .Soon I will get back to you on this topic.
From India, Calcutta
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hi,
My company is a BPO company, and we had a annual limit of 15 PL per year. My query is that if I resign the company say after 4 years what would be the PL balance ( in case i had not taken any single PL in 4 years), will the PL payable to me is 15*4 = 60 days or it would be 15 PL's only. As per my company policy at the end of FY my previous PL will get lapsed. Is it correct , can my company do that.
Please revert as soon as possible. It is a bit confusing ( why should an employee suffer due to this company policy) And if this can be done can you please provide any document for this. My company is under Delhi Shop and establishment act.
Thanks
Daniel

From India, Delhi
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[QUOTE=jadhavrahul12;1534528]
DEAR SIR

Our company gives leave encashment to the employees. My question is, should we deduct E.S.I and P.F. on leave encashment provided to employees?

Dear HR Colleagues,

Please let me know how leave encashment is being calculated? Is it based on Gross Salary or Take-Home Salary?

Regards,

P K Sudarsan
Senior Executive HR
9841727934
pk_sudarsan@wabag.in[/email]

From India, Chennai
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Subject: Deduction of PF & ESI on leave with wages?

Dear Sir,

Our company provides Leave with wages at a rate of 6% to the employees. My question is, should we deduct E.S.I and P.F. on leave with wages provided to employees?

Sudhir

From United States, Southfield
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My Company/Factory is granting leaves from April to March (F.Y.). They pay leave encashment every year in April. Do you think they have to pay PF and ESIC on leave encashment as well? Is it correct as per the law to offer only 15 days of leave to total employees? Paid holidays are separate, and they will be declared every January. Please provide guidance.

Thakur

From India, Mumbai
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Dear Sir,

I am paying leave encashment on a monthly basis for contract employees. Can I deduct ESIC amount on leave encashment? Is it applicable or not? Please suggest. My leave encashment formula is (Basic + DA * 5%).

Thank you.

From India, Mumbai
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