Pooja Sharma (-) 20 March 2018

Leave encashment

I had worked in a private company for 5 years 11 months.I had 35 days Earned leave balance. Now thay are denying to pay leave encashment saying that now policy had changed.wherever In my Appointment letter nothing is mentioned regarding leaves,gratuity .They had made payments for leave encashment to employees earlier.Now after I leave that Organization, they are saying policy is changed.There is no written policy regarding Leave Encashment.Please suggest what can I do. Is there any legal law regarding that.That Company is registered in Lucknow and there office is in New Delhi.

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9 Replies

Adv. SIddharth Jain (Advocate ) 20 March 2018

you can only be governed by the terms and conditions contained in your agreement signed by you and any change in company policy can only be made enforceable to you, if you have signed a amended agreement. So, you'll have to serve a legal notice through an advocate to your employer for recovery of lawful dues.
For further queries feel free to contact me at isidjain1@gmail.com.

Kumar Doab (FIN) 20 March 2018

Agreed with Mr. SIddharth Jain

The leave policy cannot provide for inferior benefits than enactments applicable to establishment e.g; Shops and Estbs Act….

Have you communicated in writing?

Has establishment replied in writing?

Kumar Doab (FIN) 20 March 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may post reply to relevant points…

Pooja Sharma (-) 20 March 2018

I had drop them almost ten mails but they are not responding .HR denied to pay leave encashment on phone .I told har to reply on email but they are silent on email.

Pooja Sharma (-) 20 March 2018

I had drop them almost ten mails but they are not responding .HR denied to pay leave encashment on phone .I told har to reply on email but they are silent on email.

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Kumar Doab (FIN) 20 March 2018

Revert on relevant points raised...in previous posts..

Kumar Doab (FIN) 20 March 2018

Beyond so many reminders don’t remain entangled with HR personnel.

Escalate to good offices of appointing authority, MD under proper acknowledgment…

The HR personnel per their masters policies for them may not be inclined to reply or provide any relief to you…

They seem to mind their own interest and protect their own job.

Kumar Doab (FIN) 20 March 2018

While you revert to the points raised need not mention any name of the company etc and may just post basic information….This is required to revert to you. I don’t need any name of company to revert to you.

You may also confirm if any FnF statement has been supplied to you and did you accept IT?

You may also be eligible for Gratuity.

Zelenia Barry 20 December 2019

People who work in private companies need more allowances and they will get enough things. Ideally you need to survey papernow reviews that will give them more concerns and suitable reviews to follow them.