Leave encashment?? What government law says about leave encashments?? As i have resigned and in my 5.5 year tenure i hv hardly taken 10 leaves but my company says only 12 leaves will be encashed. Pls suggest
From India, Ludhiana
1From India, Ludhiana
So far as I understand, only the particular kind of leave that can be accumulated to a certain limit, if not availed of, viz., earned leave/ privilege leave/annual leave with wages alone can be encashed that too on the normal termination of employment of the employee.
An exact answer can be given to the last query only if the type of the establishment and the actual leave account of the individual at the time of his resignation are known.
From India, Salem
An exact answer can be given to the last query only if the type of the establishment and the actual leave account of the individual at the time of his resignation are known.
From India, Salem
Hi
Please check your state Govt. Shops & Establishment rules if you fall under it. In some states leave of about 8 per year is allowed to be encashed after minimum availing of 5 ELs per year. You can accumulate a maximum of 60 leaves. Most of the organizations have 15 EL, 6 Sick and 6 Casual leaves. Check your company policy on leaves if it is better than the one under Shops and Establishment, no harm in following it, else Govt. rules prevail. If you have completed 5 1/2 years in the company, your leaves ought to be roughly 15x5+15/12 x number of months you had completed in the last year less the leaves availed. Also note that you are eligible for Casual and/or Sick leaves too though they are not to be carried forward, lapses at the end of every calendar year.
Thanks and Regards
From India, Hyderabad
Please check your state Govt. Shops & Establishment rules if you fall under it. In some states leave of about 8 per year is allowed to be encashed after minimum availing of 5 ELs per year. You can accumulate a maximum of 60 leaves. Most of the organizations have 15 EL, 6 Sick and 6 Casual leaves. Check your company policy on leaves if it is better than the one under Shops and Establishment, no harm in following it, else Govt. rules prevail. If you have completed 5 1/2 years in the company, your leaves ought to be roughly 15x5+15/12 x number of months you had completed in the last year less the leaves availed. Also note that you are eligible for Casual and/or Sick leaves too though they are not to be carried forward, lapses at the end of every calendar year.
Thanks and Regards
From India, Hyderabad
Leave encashment will be considered for leaving the services or temination or in death case etc.
From India, Mumbai
From India, Mumbai
Dear Anonymous!!
Govt rules on leave encashment are not applicable to establishments in private sector. They can be at best be used as guidance on the subject. Most of the shops and establishment acts throughout India are silent on this aspect. They talk about carry forward of Annual/Privilege Leave if not availed during the year. You need to refer to your respect shop and establishment Act to get a clear idea about this issue.However feel free to call me at 9999236926 in case of any query.
Ashok Sharma
From India
Govt rules on leave encashment are not applicable to establishments in private sector. They can be at best be used as guidance on the subject. Most of the shops and establishment acts throughout India are silent on this aspect. They talk about carry forward of Annual/Privilege Leave if not availed during the year. You need to refer to your respect shop and establishment Act to get a clear idea about this issue.However feel free to call me at 9999236926 in case of any query.
Ashok Sharma
From India
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
PF Case Law - Leave Encashment.doc
Protecting trade secrets when employees leave - India Business Law (1).pdf
Karnataka Leave.xlsx