Hello all forum members and legal advisors
I need some suggestion and help on the following issue:
I am in the field of IT. Worked with reputed MNCs for 6 years before I joined a Investment bank in Technology department in their captive unit in Bangalore recently.
The salary offered was good and it is a big brand. But soon after joining, I felt the work culture and environment was not good and very disturbing and stressful. I decided to join back at another IT company and resigned from the bank during probation period and served full notice period and completed all exit formalities properly.
I was employed here for only 3 months.
In my offer letter there was no mention of the fact that I cannot take leaves during probation period.
After joining I was told as per company policy I cannot take leaves during probation period of 3 months but after that leaves accumulated during this period can be availed. There were more such things where there was lack of transparency in offer letter.
Annual earned leaves were 20 per annum. Approximately 5 days of leave should have got accumulated during my tenure with the company. I did not take any leaves. The company's HR helpline confirmed I should get the leave encashment with full and final settlement as per policy but they need input from direct manager.
Now, 1 month after leaving the company, I received the full and final settlement amount and salary slip, relieving letter and tax computation sheet but no leave encashment has been paid.
HR Helpline of the company suggested to write to direct manager and he needs to confirm for leave encashment payment. I have written to him but don't think he will co-operate as I left within 3 months and part of the reason for leaving was him.
I want to know:
- What is the exact law/rule as per labour law regarding leave encashment in India?
- What is the section / reference where I can point to them that this is the rule?
- What kind of action I take if they refuse to pay the leave encashment?
This leave encashment amount should be approx Rs 15000 if paid as per full gross salary. So, not willing to ignore it.
Also, they have delayed issue of relieving letter by more than 1.5 months. And did not even provide a proper resignation acceptance letter on company letter head before leaving. Finally, now I have received the relieving letter. I wanted to raise this issue also against them as I read somewhere it is mandatory for company to provide a relieving letter / service certificate / resignation acceptance letter on company letterhead on or before last working day which they did not comply to.
Please suggest.
Regards
