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Forum Home > Labour & Industrial Law > Leave encashment

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By : rajmore22
n/a
[ Scorecard : 45]

ON : 2/12/2008 6:38:53 PM
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Dear all


I need to know, can employer refuse to pay a employee for encashment of his accomolated leave for the previous year.


what i want to know is that as per the compnay policy can employer make the policy that employees privious years leave will not be encashed in the current year. employee should keep the minimum 1 years leave bal. in his account.


pl. reply


Thanks
Prashant

By : soulofvalbooj
n/a
[ Scorecard : 285]

ON : 2/12/2008 7:47:40 PM
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no.. according to the employment act the employer has to pay the encashment. he doesnt have any right to make policy. it is an enacted law.


from
valbooj

By : rajmore22
n/a
[ Scorecard : 45]

ON : 2/13/2008 6:33:16 PM
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Dear valbooj

thanks for reply

Prashant
By : amalshere
n/a
[ Scorecard : 30]

ON : 2/14/2008 10:11:13 AM
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Dear Valbooj,

Can you please attached the soft copy of employement act with its sections, it will be more helpful to support the discuss with Mgmt

By : soulofvalbooj
n/a
[ Scorecard : 285]

ON : 2/14/2008 1:41:40 PM
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welcome..

By : SANJAY DIXIT
Lawyer
[ Scorecard : 10712]

ON : 2/14/2008 4:33:55 PM
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Thanx Valbooj, for the valuable information.
By : masuresh
HR MANAGER
[ Scorecard : 6]

ON : 2/15/2008 5:04:27 PM
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Sir
Our company is having PF Trust. We are paying only 8.33% to EPF office for Pension .

Now we have paid Leave encashment to a left employee. Some one told me that 12% of leave encashment amount to be paid to EPF authrities for pension fund. Is it true. Kindly clarify.

Suresh
By : Anant (Guest)
ON : 2/16/2008 1:24:18 PM
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Leave Encashment Rules

By : Sowmya Pillai
HR Executive
[ Scorecard : 52]

ON : 2/22/2008 3:23:57 PM
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Hi Valbooj,

Is there any particular law for leave encashment.. B'coz wat i heard was it varies from company to company according to their leave policy..some companies dont encash and carry fwd the leaves.. for example in my company we carry forward the remaining leaves to the next year.. I would appreciate if u can clear my doubt..

By : Sydney (Guest)
ON : 3/1/2008 5:16:19 PM
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It depends on the Company Policy. In some Companies they allow acccumalation upto 42 days and ask balance to be consumed. This 42 days is payable at the time of resignation or retirement whichever is earlier. I believe the PL encashment is tax free. But some companies deducted tax and expect the employee to file returns and claim refund. I do not know if this is the best practice.
By : partharajagopal
HR
[ Scorecard : 116]

ON : 3/3/2008 9:07:12 AM
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Hi

Leave policy differs from company to company and levae policies are guided by Factories act for industry employers and shops and estd act for shop employees.u better go to the provisions. bynlarge companies casual leave can not be considered for accumulation and encashment.For motivating attendance some employers give encashment .Earenled leave or previlage leave only considered for accumulation and some parts of the leave may be encashed by requestion letter from the employee.
Better try to give fav to employee and also to empr so that both of them win-win as a middle man u have to derive a policy like that.
By : Gyan Mishra
Service
[ Scorecard : ]

ON : 3/5/2008 10:47:18 AM
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If I say, My company has a policy of "use it or lose it " for privilage leaves. Then the leaves should not be necessarily carried forward.
By : Joginder Kumar (Guest)
ON : 3/6/2008 1:42:47 PM
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what si factories act
By : K S NARAYAN (Guest)
ON : 3/18/2008 8:58:35 AM
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I have resigned from an educational institute after serving 12 years as principal. I was entitled for an annual Earned leave of 33 days and at the time of leaving the organisation, i had about 300 earned leave in my credit. I could not avail the leave because of exigencies of work. Am I entitled to claim for encashment of earned leave if not for all the 300 days , atleast for the last 5 years. Please clarify.
By : swarnali (Guest)
ON : 4/19/2008 7:23:19 PM
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sir,

I want to know as per factory act how many days are available for a employee in a year .
when he/she get their leave encashment (ending of year / when they leave the job or retired) please help me.

By : PBS KUMAR
MANAGER-HR
[ Scorecard : 110]

ON : 4/21/2008 10:12:01 AM
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Dear Valboo ji,

Will you please send me the copy of enactment of 'Leave Encashment' - pbs_kumar@rediffmail.com

Regards,

PBS KUMAR
By : prerna1
Executive- Personnel ( HR)
[ Scorecard : 45]

ON : 4/21/2008 1:27:40 PM
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Dear Valbooji,

can u please advise that Paid leave encashment is being done on what basis , it is on the gross salry or basic salary?

By : Chitra Sharma
Executive - HR
[ Scorecard : 159]

ON : 4/21/2008 3:16:55 PM
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The leave encashment is done on the basic. It is counted on 30 days i.e basic/30*no.of PLorEL.
By : prerna1
Executive- Personnel ( HR)
[ Scorecard : 45]

ON : 4/22/2008 12:56:28 PM
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thanks a ton chitra

By : RAMRAVINDRAN
ADMINISTRATIVE OFFICER
[ Scorecard : 50]

ON : 4/26/2008 9:37:23 AM
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Dear Valbooji,
Can u send a copy of enactment of Leave encashment. My ID is ramravind@gmail.com

regards,
ramravindran

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