Leave adjustment

you are entitled for the leave encashment.

Dear Vasudevan,

It means that if the employee doe not serve the full notice period, he is still entitled to get his all PL? If yes,

kindly request you to clarify further i.e. under which section of the law he can take this plea? and what are the resources available to employer to recover for short notice period.?

Thanks & Regards

Akash Khanna

The PL, if not availed, has to be encashed. The Company should either adjust the PL standing to your credit in the notice period pay or set off the amount against recovery. They cannot refuse this legal requirement. Number of PL and the encashment rules are governed by the Shops & Commercial Act applicable to the State where you are employed and/or the Written Leave Policy of the Company (terms should be better than the terms provided by the Act).

vasudevan

What is this set off the amount against recovery

Dear friends,

LEAVE ADJUSTMENT

Leave is one of the rights of every employee and  at the same time, it is the prerogative of the Employer to grand it to the applicant employee.

Eligibility of PL  is according to the  Terms of employment, in  that " how may days of PL  are eligible  to every employee for every year of employment".  As per the procedure adopted in every company, whatever the eligible PL outstanding in credit of the employee,  has to be enjoyed by the  concerned employee during the succeeding year; apply for the PL, get it sanctioned and proceed on leave as per sanction by the Employer.  

Since  the employee   resigned from the Company, the management has to grand the encashment of  the balance un-utilised PL in your credit  accprding to the usual practice. 

But , to be frank;   the management also can take  another stand.  

Without proper request for PL from an employee, NO management can grant leave.   Since the employee has  not applied for the balance PL during the course of  his/her employment,  it is a lapse from the side  of the employee only,  there is no obligation  of  the managment  to  give the leave encashment. to the employee who left employment.   In order to substantiate the  stand and right, the employee  has to keep  the earlier   PL applications which was rejected or not considered by the management and based on that ground the concerned employee can apply for the leave encashment  to the management.  What do you say?

Another very important factor!  PL can not be adjusted with the Notice Period as the former is a Right and the later is a  Service Condition.  If anybody suggested this idea to any employee, it is an absolutely wrong direction. 

If the employee  wants  to get the wages for the balance 13 days, he/she  hasto apply for the encashment of the balance 13 days juxtapose with the applications of PL, which was rejected by the management!