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(Querist) 14 July 2015 This query is : Resolved 
We have a doubt which we need you to help us with.

As you are aware, we have many locations of jay precision. To tackle the issue of paid/earned leave, we have thought of deducting leave when taken, but paying the leave salary at the end of every 3 months. Considering the person is entitled for 30 days leave, his leave and leave salary will be split 8+8+8+6 every quarter. Salary slip will be modified to show 8 leave per quarter with 0 leave availed. So in this case every leave taken during the year will be deducted in each salary but we are paying leave salary every quarter.

If we proceed as such, do you forsee a problem from any legal angel? Do we fulfill

1) Leave entitlement
2) Leave Encashment
3) Monthly salary
Kumar Doab (Expert) 14 July 2015
You have posted that:

"To tackle the issue of paid/earned leave, we have thought of deducting leave when taken, but paying the leave salary at the end of every 3 months."



The establishment, employer, are subordinate,inferior,servant to the law of the land.



Who is this 'WE'; Owner/MD/Chairman/HR Head etc?


When you say or write 'WE'............then this 'WE' has to obey and faithfully observe the enactments that are applicable to your company e.g.


Factory Act, (Name of the State) Shops and Commercial Establishments Act, Standing Orders (Certified/Model) etc



You can prepare a policy (without violating any enactment) that provides superior benefits than as provided for in the enactments but not inferior..........



Commercial Establishments can afford and should avail the services of able counsel.



Consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm.





seshadri dubey (Expert) 15 July 2015
hello Mr. Sunil what type of question are you asking?
please be specific in it....
what do you mean by "As you are aware"?
why should we be aware of your affairs?
Sudhir Kumar, Advocate (Expert) 15 July 2015
you have not even indicate whether you are govt employee or not.
Rajendra K Goyal (Expert) 15 July 2015
Company can afford lawyer.
Guest (Expert) 15 July 2015
As an Accounts Manager, are you really managing the affairs of the company or working merely on hit & trial methods?

Better consult your HR Manual/ Employee Manual/ Leave policy, etc. If the said manuals/ policy requires review or revision, better hire services of some expert on the issues and get those reviewed thoroughly.


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