We have an employee who resigned in Oct 2021. The subject employee's contract was renewed in Apr 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 for leave encashment?
From India, Bangalore
1From India, Bangalore
Dear Prakash,
Whenever you raise questions on employee's statutory rights or employer's statutory obligations, you should give complete information about the type of the establishment/industry, employee's capacity of employment like managerial, supervisory or workman, employment status like regular or out-sourced and in case of rights or benefits, whether they are statutory or flow from the contract of employment. Then only, you will get an appropriate answer.
Not all employees are eligible for leave encashment on termination of employment.
Not all kinds of leave are encashable on termination.
If leave encashment is statutory, no contract of employment can exclude it.
From India, Salem
Whenever you raise questions on employee's statutory rights or employer's statutory obligations, you should give complete information about the type of the establishment/industry, employee's capacity of employment like managerial, supervisory or workman, employment status like regular or out-sourced and in case of rights or benefits, whether they are statutory or flow from the contract of employment. Then only, you will get an appropriate answer.
Not all employees are eligible for leave encashment on termination of employment.
Not all kinds of leave are encashable on termination.
If leave encashment is statutory, no contract of employment can exclude it.
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