Notice period and Leave encashment

Dushyant Pandya (Querist) 06 April 2010 This query is : Resolved
Under which sectin/s of Act notice period and leave encashment required to pay to employee at the time of termination?

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Raj Kumar Makkad (Expert) 07 April 2010
According to clause of agreement executed between the parties.

H. S. Thukral (Expert) 13 April 2010
Usually the employees are governed by the service conditions mentioned in the appointment letter or the Standing Orders framed by the employer. In the absence of the above, local act of the state i.e. Shops and Establishment Act becomes applicable and most of the acts provide one month notice and encashment of earned leave unavailed at the time of termination ( not resignation) If the employer fails to follow the provisions a complaint can be made to authority appointed under the Act.