1) If an employee works during part of calendar year and leaves during the commencement of subsequent calendar year (say during February or march), will it be obligatory on the part of Employer to pay Leave wages as a part of full and final settlement
2) For availing EL earned during part of previous calendar year, should the employee complete 240 days of service or can the Employee avail EL earned during previous year during the beginning months of subsequent calendar year (say February or march)
3) Keeping EL at credit can Employee opt to apply for LOP and retain EL at credit or can the Employer insist the employee to complete EL in his account first and then go to opt to LOP.
From India, Bangalore
12) For availing EL earned during part of previous calendar year, should the employee complete 240 days of service or can the Employee avail EL earned during previous year during the beginning months of subsequent calendar year (say February or march)
3) Keeping EL at credit can Employee opt to apply for LOP and retain EL at credit or can the Employer insist the employee to complete EL in his account first and then go to opt to LOP.
From India, Bangalore
In respect of an employee who joins your company during the preceding year, 240 days shall be made proportion to the days available for working.For example, if he had joined in July, he should have at least 120 days of working, if he had joined in Sept, he should have 80 days working etc. Again note that this 120 or 80 are inclusive of weekly off and holidays. Deducting the number of days leave that he had taken in the current year, you can pay the rest along with full and final settlement.
If an employee thinks that he should use his earned leave to be accumulated or used in future only and he should take leave without pay by sacrificing pension, bonus and other benefits which will be affected by such LOP, let him take it. There is no such law that prevents an employee from taking LOP when he has sufficient leave to his credit. At the same time, if your company policy is not to entertain it, you can prevent him from taking LOP when he has leave in his credit.
From India, Kannur
If an employee thinks that he should use his earned leave to be accumulated or used in future only and he should take leave without pay by sacrificing pension, bonus and other benefits which will be affected by such LOP, let him take it. There is no such law that prevents an employee from taking LOP when he has sufficient leave to his credit. At the same time, if your company policy is not to entertain it, you can prevent him from taking LOP when he has leave in his credit.
From India, Kannur
In course of termination leave earned till date of leaving or accumlated to be paid while settling the account of employee.
The contineous service of 240 days is for those are in roll from the 1 st day of the calender yera or otherwise 2/3 of available working period of the calender year.
The LOP is happened when there is no leave remained balance in account of employee. In regard to your querry do not entertain new things which will lead you to bigger problem in case of any industrial dispute arises.
From India, Mumbai
The contineous service of 240 days is for those are in roll from the 1 st day of the calender yera or otherwise 2/3 of available working period of the calender year.
The LOP is happened when there is no leave remained balance in account of employee. In regard to your querry do not entertain new things which will lead you to bigger problem in case of any industrial dispute arises.
From India, Mumbai
whether EL encashement to be paid on basic+da or total gross which includes allowances such as HRA etc
From United Kingdom, London
From United Kingdom, London
It should be on salary as per contract of employment other than reimbursements and those allowances which are paid based on attendance.
From India, Kannur
From India, Kannur
dear madhu T K
as you said
It should be on salary as per contract of employment other than reimbursements and those allowances which are paid based on attendance.
can you support your statement with appropriate act?
From United Kingdom, London
as you said
It should be on salary as per contract of employment other than reimbursements and those allowances which are paid based on attendance.
can you support your statement with appropriate act?
From United Kingdom, London
Salary or wages is the remuneration that the employer has agreed to pay in return for the services or labour put in by the employee, right? Now after fixing a wages of, say, Rs 15000, you, like any other employer will, for his "convenience", bifurcate it as basic wage, Rs 2000, HRA Rs 8000, Conveyance allowance Rs 3000, washing allowance Rs 2000. This bifurcation has nothing to do with the employee but the employer, having been given to understand that all statutory payments are based on basic wages, has put the basic wages to the minimum so that his contribution towards PF, Bonus, Gratuity etc could be reduced. As far as an employee is concerned, his wages is the total amount as agreed and it is not Rs 2000 but Rs 15000. If he takes a day's leave (paid leave) he will get the pay based on 15000 and not 2000. As such when he encash it, shouldn't he get the same amount?
From India, Kannur
From India, Kannur
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