We have an employee who resigned in October 2021. The subject employee's contract was renewed in April 2021, and the contract had mentioned there would not be any leave encashment. However, the preceding contract had the leave encashment terms. At the outset, can someone guide me if the employee is entitled to leave encashment?
From India, Bangalore
Acknowledge(0)
Amend(0)
1From India, Bangalore
Acknowledge(0)Amend(0)
Dear Prakash,
Whenever you raise questions on employees' statutory rights or employers' statutory obligations, you should provide complete information about the type of establishment/industry, the employee's capacity of employment (such as managerial, supervisory, or workman), employment status (regular or outsourced), and in the case of rights or benefits, whether they are statutory or arise from the contract of employment. Only then will you receive an appropriate answer.
Not all employees are eligible for leave encashment upon termination of employment. Not all types of leave are encashable upon termination. If leave encashment is statutory, no contract of employment can exclude it.
From India, Salem
Acknowledge(0)Amend(0)
Whenever you raise questions on employees' statutory rights or employers' statutory obligations, you should provide complete information about the type of establishment/industry, the employee's capacity of employment (such as managerial, supervisory, or workman), employment status (regular or outsourced), and in the case of rights or benefits, whether they are statutory or arise from the contract of employment. Only then will you receive an appropriate answer.
Not all employees are eligible for leave encashment upon termination of employment. Not all types of leave are encashable upon termination. If leave encashment is statutory, no contract of employment can exclude it.
From India, Salem
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.