Laws applicable for leave encashment

Ashok (Querist) 04 June 2023 This query is : Resolved
I am working in the NBFC located in Mumbai, Maharashtra.

I have submitted resignation to the Company. I have 10 leaves balance. So can I get the leave encashment at the time of F & F.

Company says there is no leave encashment facility mentioned in the HR policy.

Please suggest as per law leave encashment is the right of the employee or not OR if it's no leave encashment mentioned in the HR policy then how can the employee will get the same.

Need your guidance in this matter to know any act applicable to the NBFC in the matter of leave encashment.

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Quick Summary

An employee in a Mumbai-based NBFC resigned and sought leave encashment for their 10 accrued leaves. Despite the company's HR policy not mentioning leave encashment, legal advice suggests that denying this is illegal. Employees generally have a right to leave encashment, and even if company policy omits it, it may still be claimable under applicable laws. Consulting a local lawyer is recommended to pursue these dues.

Sudhir Kumar, Advocate (Expert) 05 June 2023
you hve not even stated whether this is got body or not.

Ashok (Querist) 05 June 2023
This is not the Govt. body. This is Non-banking Financial Company. It's a finance company providing loan for 2 wheeler vehicles.

Dr. J C Vashista (Expert) 06 June 2023
Company policy on the subject is required to be perused.

T. Kalaiselvan, Advocate (Expert) 06 June 2023
The employer cannot deny leave encashment and it is illegal to do so. Even, if service conditions required so and an employee was informed about it, even then refusal to encash would be wrong, unjustified and illegal. Please consult a lawyer near you to help you draft a legal notice to get back your dues.

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