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shubham jain   05 August 2025

Non payment of leave encashment

Hi All I just received my Full and Final Settlement Letter from the company I resigned from and served the full notice period of 3 months. The settlement letter does not offer any Leave encashments. When I raised it to the HR, I got a lame response that it is at the discretion of the company to pay the leave encashments at the time of separation, and there are no statutory bindings on the company to pay the same I had worked in that organisation for more than 1.5 years and had about 12 earned leaves, which I was sure to encash at the time of my final settlement Can someone here please help me with this? I checked on Google and ChatGPT, and it states the mandate for the payment. However I am not sure under which section of the law it is covered to be able to claim the same Looking forward to your help Thanks


 5 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     05 August 2025

1.  Earned leave is compulsory encashable at the time of separation, resignation, retirement or termination as mandated by every State Shops and establishment Act.

2.  Leave encashment is considered part of wages and non payment can be treated as illegal deduction under payment of wages act.

3.  Write a letter to HR and demand written explanation if not amenable send a legal notice through prudent lawyer and recover the money through civil court.

kavksatyanarayana (subregistrar/supdt.(retired))     05 August 2025

It is not compulsory to avail of encashment of leave at the time of separation/resignation/retirement, unless specified in the employment contract, company policy, or applicable state laws under the Shops & Establishment Act.

T. Kalaiselvan, Advocate (Advocate)     06 August 2025

An earned leave can be encashed under the Shops and Establishments Act, but the specific rules and regulations vary by state. 

Most states' Shops and Establishments Acts allow for the encashment of earned leave, often when an employee leaves the company, but some allow for encashment during employment as well, subject to certain conditions. 

The specific provisions regarding the number of days that can be encashed, the rate of payment, and other conditions are governed by the respective state's Shops and Establishments Act and the employer's internal policies. 

Dr. J C Vashista (Advocate )     06 August 2025

Your employer  is a private or public company ?

Whether CCS Rules or what type of rules govern the subject matter ?

It is better to consult and engage a local prudent lawyer practicing service matters for proper appreciation of facts, professional advise and necessary proceeding.

P. Venu (Advocate)     07 August 2025

Any suggestion depnds upon the provisions under which the firm is registered.


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