Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ramamurthy (engineer)     06 February 2021

Any law which deals with non payment of earned leaves

I worked in an organization for 4 years. They did not pay the compensation for not utilising Earned leaves. 

Is there any law which enables employees to file case against organisation in this matter. 




 4 Replies

Nandini Warrier   07 February 2021


Section 79 in The Factories Act, 1948 talks about Annual leave with wages—

(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages.

The calculation of earned leaves is done monthly for the entire calendar year. Such wages for number of days which will be calculated depending on who is working, and how they are working. The maximum leaves that can be accumulated are 30 days. Every state has a different leave policy and leaves rules, and according to The Shops and Establishment Act, it can go up by 45 to 60 days, depending on the policy of the states. 

You can approach the HR department with your concerns, and if there is no response, then you can send a legal notice to the company, of the human resources department. 

Also please approach a well rehearsed lawyer with your concerns.

Please follow this link and the thread of replies to learn more about your query-

Hope this helps-



ramamurthy (engineer)     07 February 2021

Thank you 

G.L.N. Prasad (Retired employee.)     07 February 2021

First get a legal notice seeking the reasons for not settling your earned leave encashment as per your application, and let  employer take a stand first.

SOUVIK SIKDAR   04 June 2023

Nice job on your blog post! It was informative and engaging. I especially liked how you provided practical tips that I can apply in my own life. To explore more about this subject, <a href="" target="_blank">click here</a>.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register