Hey guys,
I've been working for a company on a third party payroll on a 11month contract from 15th Feb - 14th Jan.
My contract has been extended for another 11 months. However, the third party payroll company has not given me any leave encashment. After I sent them a mail regarding the same, they replied with part of another trail mail where a senior from the client company stated that no employee will be given any leave encashment here on.
What do I do? What do I reply back? I was not updated about any change in the clients policy related to leave encashment. Was I supposed to be updated with the change in policy? Is there any law that I can go by?
From India, Mumbai
I've been working for a company on a third party payroll on a 11month contract from 15th Feb - 14th Jan.
My contract has been extended for another 11 months. However, the third party payroll company has not given me any leave encashment. After I sent them a mail regarding the same, they replied with part of another trail mail where a senior from the client company stated that no employee will be given any leave encashment here on.
What do I do? What do I reply back? I was not updated about any change in the clients policy related to leave encashment. Was I supposed to be updated with the change in policy? Is there any law that I can go by?
From India, Mumbai
Dear Jashamara,
Normally, encashment of only earned leave/privilege leave/annual leave with wages remaining at the credit of the employee's leave account is statutorily permitted on termination of employment only. Therefore, no periodical surrender of such leave for cash benefit can be claimed by the employee as a matter of right. If it was included earlier in the Leave Policy of the immediate employer/contractor and subsequently changed, you can not fight with the TTP or the contractor because it is not statutory.
From India, Salem
5967Normally, encashment of only earned leave/privilege leave/annual leave with wages remaining at the credit of the employee's leave account is statutorily permitted on termination of employment only. Therefore, no periodical surrender of such leave for cash benefit can be claimed by the employee as a matter of right. If it was included earlier in the Leave Policy of the immediate employer/contractor and subsequently changed, you can not fight with the TTP or the contractor because it is not statutory.
From India, Salem
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc
EPFO Circular Leave Encashment.jpg