Leave encahment 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.

regards,

Follow Query

Report Abuse