Leave ecashment at the time of leaving the employment
anil karnad
(Querist) 24 July 2014
This query is : Resolved
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.
Devajyoti Barman
(Expert) 24 July 2014
sorry citations or provisions of law are not cited. Take professional help of a local lawyer.
ajay sethi
(Expert) 24 July 2014
for citations search in indian kanoon.com
Kumar Doab
(Expert) 05 August 2014
To arrive at daily rate of wages the division is by 26.
It is well settled.
Ms.Usha Kapoor
(Expert) 13 June 2018
For citations search Indiakanoon.com