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rakesh (NA)     03 June 2016

Unutilised leaves on closure of business

If a company is closing and all employees are asked to quit their jobs, is the employees can encash unutilised leaves for the balance year.



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 2 Replies

adv.bharat @ PUNE (Lawyer)     03 June 2016

It is depend up on ur appointment terms and condition.

Kumar Doab (FIN)     03 June 2016

The appointment letter is neither the Holy Book nor Reference Standarad in such or for that matter neccessarily all cases.

 

We have have exerted to bring out the relevant points pertaining to it in many threads for years altogether at LCI.

 

Don't look at your appointment letter but relate with Laws of the land, precedences set by courts of law that have become law and these  shall prevail upon appointment letter.

 

The closure, shut down has to be informed to all concerned authorities with prior notice and under acknowledgment, and prior permission may be required.

 

One month’s wage in lieu of notice, 15 days average pay of every completed years of continuous service or any part thereof in excess of six months, Notice of retrenchment in Form “P” (Copy enclosed) must be served by personal service or by registered post within 3 days of the date of retrenchment  etc etc........................... in addition to  all other dues like unpaid wages,proportionate bonus till the date of closure, leave salary in respect accumulated leave, etc..

 

All employees may join hands, join/form union and negotiate....................

better engage a very able Labor Law consultant.

 

 

 

 


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