Leave
Pradeep Garg
(Querist) 09 January 2015
This query is : Resolved
Dear Sir,
Please clarify whether earned leave should be encahsed by the Companies on the basis of Basic Salary or Gross Salary. Gross Salry includes Basic, HRA, Leave Enacashment & others.
Also clarify about the number of leave (including CL & Earned Leave) for which a employee is entitled in a pvt. ltd construction company.
Kumar Doab
(Expert) 09 January 2015
Other thread by the querist (AGM-Legal Cell):
http://www.lawyersclubindia.com/experts/Labour-Law-516991.asp#.VK-xzMuUcqM
The corporate can very well afford to hire the services of an able Labor Law Consultant/Service matters lawyer/law firm…………..
Nevertheless:
The leave policy of the company has to be as per enactments applicable to the establishment and can offer superior benefits but not inferior……………………e.g. if it is covered by (Name of the state) Shops and Commercial Establishments Act:::
The number of leave and rate of leave encashment is duly stated in the enactment
e.g. Delhi Shops and Commercial Establishments Act: Sec22,23
23. Wages during Leave.- Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime but inclusive of dearness allowance.
Pradeep Garg
(Querist) 09 January 2015
Dear Sir,
I am not asking these queries from company point of view. I am asking just for knowedge.
If u want that i should not ask any query, please let me know. i will never raise any query on this site.
Pradeep Garg
(Querist) 09 January 2015
Dear Sir,
Also note that clarity regarding encashment of leave has not been given in your above reply.
Kumar Doab
(Expert) 09 January 2015
LAST REPLY;
Dear Mr. garg,
Your query has already been replied to be the best of ability and understanding.
Encashment of leave is explained in the Act.....
For more you may go thru these, Act applicable to your establishment, and clarify with your Labor Law Consultant/Service matters lawyer/HR consultant............and even Inspector appointed under the Act in the Inspectorate whose contact details should be available at the Dept. of labor website of your state.
The response to commercial and academic Query is as above.
Lot of meaningful and relevant information in available in threads at LCI in similar queries.
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