Milind (VP) 17 September 2013

Issue in leave encashment

Hi,

I worked with a General Insurance co, in Mumbai for 8 months, and resigned. I had 20 days of Earned leave accumulated in my account when i was relieved, the HR head had agreed to give encashment of this 20 days leave in my Full n Final settlement, but when the computation for the settlement was received, they did not include the Earned leave for the calculation, on asking the informed that since you have not completed 12 months in the organisation, we cannot provide encashment to your accumulated leave. Can you please suggest if there is any Shops and Establishments act in which company can take such action.

What tools do we as employees have to take up this issue with the company. Can you please help.

Rgds

Milind

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Kumar Doab (FIN) 17 September 2013

You have specifically referred to Shops and Establishments Act.

You may refer to (Name of state whose Act is applicable in your case ) Shops and Establishments act……………………………..

In case of Delhi:

22. Leave.—(1) Every person employed in an establishment shall be entitled—

(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;

(b) in every year, to sickness or casual leave for a total period of not less than twelve

days:

Provided that:

(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period;

(1A)…………………..

The leave including PL is as per the enactments applicable to the establishment, negotiated bilateral settlements, standing orders, offering better benefits…………………You may refer to these too.

Attached File : 952424174 delhi shops & establishments act, 1954.pdf downloaded: 99 times