Anonymous
23 November 2009 at 19:23
Dear Sir,
In a Private Sector Bank, [allegedly a subsidiary of Public Sector Bank, holding 98% shareholding in this bank], which is a Banking Company within the meanings of The Companies Act 1956 & The Banking Regulation Act 1949, has following provisions in Service condition about Priviledge leave/ Earned Leave:
1. Priviledge leave upto 240 days can be accumulated by an employee during service period, which is encashed on the date of superannuation/ retirement. No other specic provision say in case of resignation is provided i.e. neither barred nor allowed.
2. At the time of resignation the earned / priviledged leave are not allowed to be encashed. However in Parent bank 1/2 of accumulated leave are permitted to be encashed.
My query:
a)whether earned leave/ priviledge leave [which is a right under the law] of an employee can be denied by employer on resignation and whether employer has any right not to allow encashment when earlier employer has denied the same to employee on official exigencies.
b) What provision of Law governs the rules relating to privilege leave. Please note that Partial provisions of The Shop & establishment Act are applicable upon the Bank.
c)Service conditions interalia provides that at the time of resignation three months notice or payment in lieu thereof is provided which may be termed as liquidated damages and when appointment contract provides for specific liquidated damages, whether employer is entitled to add more damages by way of forfieting priviledge /earned leave.
An early clarification is solicited.
Thanks & regards.
Anonymous
23 November 2009 at 19:21
Dear Sir,
In a Private Sector Bank, [allegedly a subsidiary of Public Sector Bank, holding 98% shareholding in this bank], which is a Banking Company within the meanings of The Companies Act 1956 & The Banking Regulation Act 1949, has following provisions in Service condition about Priviledge leave/ Earned Leave:
1. Priviledge leave upto 240 days can be accumulated by an employee during service period, which is encashed on the date of superannuation/ retirement. No other specic provision say in case of resignation is provided i.e. neither barred nor allowed.
2. At the time of resignation the earned / priviledged leave are not allowed to be encashed. However in Parent bank 1/2 of accumulated leave are permitted to be encashed.
My query:
a)whether earned leave/ priviledge leave [which is a right under the law] of an employee can be denied by employer on resignation and whether employer has any right not to allow encashment when earlier employer has denied the same to employee on official exigencies.
b) What provision of Law governs the rules relating to privilege leave. Please note that Partial provisions of The Shop & establishment Act are applicable upon the Bank.
c)Service conditions interalia provides that at the time of resignation three months notice or payment in lieu thereof is provided which may be termed as liquidated damages and when appointment contract provides for specific liquidated damages, whether employer is entitled to add more damages by way of forfieting priviledge /earned leave.
An early clarification is solicited.
Thanks & regards.
Anonymous
23 November 2009 at 18:38
Dear Sir,
I am working with a Private sector Bank. As per service regulations applicable, the privilege leave are permitted to be accumulated upto 240 days. These leave are permitted to be encashed at the time of superannuation/ retirement. However, if an employee resigns the Bank do not encash the same. There is no specific provision in this regard about the refusal of encashment. The Service conditions further stipulates that at the time of resigantion three months notice or payment in lieu thereof is permitted- That is to say that liquidated damages on resignation is three months notice or payment in lieu thereof specifically provided. Thus refusal of priviledge leave is arbitary.
The Banks are also governed by partial provisions of Shop & Establishment Act.
My query is whether priviledge leave earned during course of employment can be forfieted by employer when liquidated damages are already provided for resignation. Secondly, which Act governs the leave rules in case of Private sector Bank, which is basically a Banking Company within the meanings of the Companies Act 1956 & The banking Regulation Act 1949.
An early reply is solicited.
Thanks & Regard.
Anonymous
23 November 2009 at 18:37
Dear Sir,
I am working with a Private sector Bank. As per service regulations applicable, the privilege leave are permitted to be accumulated upto 240 days. These leave are permitted to be encashed at the time of superannuation/ retirement. However, if an employee resigns the Bank do not encash the same. There is no specific provision in this regard about the refusal of encashment. The Service conditions further stipulates that at the time of resigantion three months notice or payment in lieu thereof is permitted- That is to say that liquidated damages on resignation is three months notice or payment in lieu thereof specifically provided. Thus refusal of priviledge leave is arbitary.
The Banks are also governed by partial provisions of Shop & Establishment Act.
My query is whether priviledge leave earned during course of employment can be forfieted by employer when liquidated damages are already provided for resignation. Secondly, which Act governs the leave rules in case of Private sector Bank, which is basically a Banking Company within the meanings of the Companies Act 1956 & The banking Regulation Act 1949.
An early reply is solicited.
Thanks & Regard.
Asha Pole
23 November 2009 at 10:54
Incase of private company,if the appointment letter given to an employee does not state the clause of bonus and gratuity, would the employer still be liable to pay and suppose if the employer refutes to make such payment in the absence of such clause.Will the company face any dire consequences from the legal aspect.
Suresh C Mishra
22 November 2009 at 22:34
In my case on PI of fairness of Enq. The workman appeared first and lead evidence but the employer says that Enq. Officer is not available for witness on PI , what will be effect if EO will not present ? whether employer can lead secondary evidence on PI > Please rePly with judgement on this issue
Anonymous
22 November 2009 at 22:21
Sir, Prilinary issue about fairness of enq. by employer who will lead first ? Judgement on this ?
Suresh C Mishra
22 November 2009 at 22:18
Sir, Prilinary issue about fairness of enq. by employer who will lead first ? Judgement on this ?
Anonymous
22 November 2009 at 20:02
we had taken workmen compensation from a insurance co. showing salary of Rs. 4000/- per month to each worker. But the actual salary now exceeds from this amount. Please advice me that in the cicumstances we may claim wc from insurance company because due to above mentioned differences they may refuse for claim
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Priviledge Leave
Is there any law/act which clearly states that unutilised priviledge laeve has to be encashed at the time of resignation.
If yes, please give me the section pertaining to this clause of the law/act.