Leave encashment

Pradip (Querist) 19 November 2013 This query is : Resolved
SIR,CAN ANY PVT LTD.CO.HAVE A RIGHT TO DISALLOW PAYMENT OF LEAVE ENCASHMENT TO EMPLOYEE (STAFF)

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Rajendra K Goyal (Expert) 19 November 2013
Depends upon the service rules / appointment terms of the employee.

Kumar Doab (Expert) 19 November 2013

The paid/earned leave is as per the provision of Factory Act (Section 79), Shops and Commercial Establishments Act, Statue, The Small Enterprises ( Employment Relations) Act 2002 (chapter IV - conditions of work)………………...................
Negotiated settlement between employer and employee offering superior benefits as stated in the enactments applicable to the establishment.

You may relate your case with the enactments applicable to your establishments and if the establishment is offering inferior benefits then you demand in writing encasement as per the provisions in the enactment and a reply in writing.

Depending upon the reply of the company in writing you may proceed further to approach your Lawyer, Trade Unions, lawful Authority, court of law………………..