Leave Encashment
Anil
(Querist) 07 September 2015
This query is : Resolved
I've worked for a company for the period of 9 months. When I left the organization, HR team told me, as I've served the organization less than an year so my leaves won't be encashed. I've checked my letter of employment, but in that there is no such term/ policy/ condition is mentioned.
Do I have any option to fight against HR Team? Or anyway to get my leaves encashed?
Thanks in advance.
Sudhir Kumar, Advocate
(Expert) 08 September 2015
each and every condition need not be spelt in appointment letter.
for example, service rules of Govt servants are contained in books which put together are about 10 Kg and appointment letter is of 2-4 pages.
malipeddi jaggarao
(Expert) 08 September 2015
Agreed with expert Mr.Sudhir Kumar. Strange that you want leave encashment though you worked for a period of 9 months!. Be happy that they are relieving you without creating any problems.
Rajendra K Goyal
(Expert) 08 September 2015
If you are not satisfied, send registered letter in regard to your claim.
Kumar Doab
(Expert) 08 September 2015
You have not mentioned that you are working with a Govt. Company.....................or a private establishment!
Even if an appointment letter is not issued the right to leave encashment may still be valid.
Saying-said/telling-told are all verbal mode of communications and not on record until these are recorded (audio/visual/minuted/witnessed)!
The issuance of appointment letter is also narrated in enactments applicable to establishments.
It is guessed that you are working with a private establishment.
However you need to confirm if it is and/or the office/Div/Dept where you were located is registered as; Commercial Or Industrial?
Accordingly you may look into the (Name of the state) Shops and Estabs Act or Factory Act.
If as per the enactments applicable to establishment/employer/employee the leave encashment is applicable then it can't be denied!!!!
The company can frame its internal/private policy on 'Leave' as per negotiated settlement with employees/representative/unions .......................standing orders.....................but can not offer benefits that are inferior as compared to the enactments that are applicable to it.......................Of course it can offer superior benefits.
Thus you may look into the enactments that are applicable, Leave Policy/HR policy/Service Rules and regulations/Employee handbook etc that are mentioned in appointment letter issued to you.....................and claim all the benefits (even OT) that are applicable to you.
And if any benefit is not computed in FnF statement you may collect the FnF dues but decline to accept the FnF statement citing reasons in writing under proper acknowledgment.
Do ask such queries from such forums as LCI, employee's unions,trade unions, elders in the family, well wishers...................and retain access to an able labor Law Consultant.
