Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SANTOSH (ACCOUNTS)     03 November 2016

Leave salary & bonus

Dear Sir,

1. Please clarify how many maximum no of days leave salary can encash at the time of Resignation/Termination Is every company can set there policy that maximum specific no of days can pay leave salary i.e. Suppose i have balance 240 days of leave at the time of Termination but company saying that we can pay only 180 days as per company policy. 

2.Also at the time of full & final settlement company has not paid any bonus amount stating that Bonus is not yet declared so you won't be gettting the same.

And now in the month of October (Diwali) company declared BONUS and my termination date is May'2016 so should i get BONUS from company  till May'2016. I am eligible for that or not

Please clear above 2 points for doing the needfull
 



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     03 November 2016

1) As per company policy u can encash it. That is 180 days.

2) Yes you can get it.

Will u give THANKS on my LCI profile for free advice?

SANTOSH (ACCOUNTS)     03 November 2016

Sir, i allready inform via email abount the same but they will not give any reponses to my emails.

So what do i do ?

Kumar Doab (FIN)     03 November 2016

The company can provide benefits that are superior to enactments applicable to it e.g; Shops & Estbs Act.................................but not inferior.

 

Bonus of last year has to be paid this year within 30th Nov to avoid penalty.

 

SANTOSH (ACCOUNTS)     20 November 2016

1. Please clarify how many maximum no of days leave salary can encash at the time of Resignation/Termination Is every company can set there policy that maximum specific no of days can pay leave salary i.e. Suppose i have balance 240 days of leave at the time of Termination but company saying that we can pay only 180 days as per company policy. 

2.Also at the time of full & final settlement company has not paid any bonus amount stating that Bonus is not yet declared so you won't be gettting the same.

And now in the month of October (Diwali) company declared BONUS and my termination date is May'2016 so should i get BONUS from company  till May'2016. I am eligible for that or not

Now they will not issue me WORK  EXPERIENCE CERTIFICATE as well.

Please clear above 2 points for doing the needfull

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     20 November 2016

1.  You will get leave encashment as per company's rules and if it is 180 days, you get that ammount, if you have 180 days leave in your account and you did not avail it.

2.  You will get bonus for the last accounting year.

If the management has not responded to your e-mails, send a notice by speed post and keep the copy of track report obtained on line and file a petition in the labour department to get your dues.  Otherwise, you can directly file a petition under Section 33 (C)(2) of Industrial Disputes Act, before the Labour court to get your dues.

Kumar Doab (FIN)     20 November 2016

Your query has already been replied on leave encashment,bonus.

 

If the enactment say; Shops & Estbs Act provide for say;30days leave encashment then company can provide for 180days but not 29days.

Service Certificate has to be supplied to all employees.


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