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Sunny (Exec)     18 June 2013

Employer not encashing my unavailed privilidege leaves, lfc

My ex-employer(a old generation Private sector Bank) is not reimbursing me for un-availed Privilege leaves(PL) even after several letters and mails sent to HR dept. 

I was having around 50 PL's, 10 sick leaves(SL) and 2 casual leaves and un-availed LFC(Leave fair compensation) at time of discontinuation of my service(Bank terminated my contract stating "Bad Performance") without serving one month notice, whereas my bond agreement clearly states that either party needs to compulsorily do so in case of termination of contract before due date.
Now when I asked to reimburse me my dues they reimbursed me only with my contribution towards pension and one month salary in-lieu of notice, and that to was done after a delay of 6 months period. Whereas following items are still to be reimbursed by Bank
Encashment of unavailed Priviledge Leave(PL) 

* Encashment of unavailed Leave Fare Concession(LFC)

* Monthly allowances for month of July 2012

* Overdue Interest amount for delay in reimbursement of compensation dues

* Work-Ex Certificate

I send them several mails but they haven't replied to any of them, Reimbursement of One month salary in lieu of notice and Employee(my) contribution towards Pension amount was last communication I received from them.

Please advice me whether my claim to Encash my unavailed  LFC and PL's is a vailed one and sustainable in court of law??
Please note that I was terminated from my service without serving one month notice. Moreover 2-3 weeks before termination of  my service I applied for Encashment of LFC and PL and pending for approval.



Learning

 2 Replies

VISHNU PROMOD SRIVASTAVA (ADVOCATE)     20 June 2013

Does the Bank's Regulation allow the en cashment of un availed LFC, i think this is not. However PL is en cashable to certain extent.

1 Like

Sunny (Exec)     24 June 2013

Yes, As per Banking Officers service conditions one can encash his unavailed LFC as well as Unavailed PL's
But I want to know whether one can do so even after leaving/termination of employment(Please note Bank ended my Employment contract forcefully and ! month notice period was also not served).

Thus, Whether I ask them to encash my unavailed PL and LFC  on grounds of terminating myservice contract without serving me 1 month notice period.


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