Leave encashment
Sunil Kumar mIshra
(Querist) 29 May 2014
This query is : Resolved
Dear sir
I am working as a manager in a PVT. LTD. Co. registered in Delhi having turnover is more than 150 crore through it's 35 Branches in all over India and running from more than 20 years.Employee strength is also from 150 to 350 person.it is in manufacturing sector also. As a manager i have not any right to sanction any thing it's a single man show organisation.
The Company is not following any rules Related to its employees. i.e as follows
1. Only ESI and PF of few peoples is
deducting and depositing
2. There is no provision for Gratuity is
there
3. There is only 6 national holidays IN A
YEAR.
4. No medical leave here
5. No Earn leave here
6. only 6 days Casual leave is there which
can be availed 2 days in a month only.
7. there is no work no pay environment
here.
i am serving this company more than 15 years. now i would like to leave this co.
I would like to ask that may I claim any benefit (i.e Gratuity,leave encasement,Bonus etc) however the company is not proving any thing.
Please suggest me how,where and when I can claim for the benefit.
Kumar Doab
(Expert) 29 May 2014
The office in which you are located might be under the coverage of Delhi Shops and Commercial Establishments Act, or it might be under factory Act……………………….
You can find out.
The leave policy of the company can not offer provisions inferior to as specified in Delhi Shops and Commercial Establishments Act, or Factory Act.
It can offer superior benefits.
The Payment of Gratuity Act, PF, ESIC shall be applicable.
Standing Orders shall also be applicable.
>>> Gartuity:
There is no wage ceiling for Gratuity and
it is payable to all employees including a Manager.
Formulae for payment of Gratuity is:
{( Basic+DA)/26*15*No. of years in service}
Basic+DA as per last drawn salary.
In 15th year if you have worked for >6M you may count it as 16Y.
The employer has to supply the notice of Determination of Gratuity to employee and pay Gratuity to employee within 30 days or with interest@10%p.a. even employee has not made an application.
There are many threads on Gratuity at;
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U4btqUeBmXU
You may also go thru:
The Payment of Gratuity (Central) Rules, 1972
http://www.delhi.gov.in/wps/wcm/connect/DOIT_Labour/labour/home/forms+and+procedures/the+payment+of+gratuity+(central)+rules,+1972
>>> Leave;
Delhi Shops and Commercial Establishments Act:Sec: 2(13,16,22, Sub-section 13—”Holiday” ),22,23
You may also go thru:Sec:30,33,37,41
There are many threads that you may find relevant e.g;
http://www.lawyersclubindia.com/experts/Encashment-of-leave-earned-leave-pl-396111.asp#.UyxN2EeBmXU
>>> National Holidays:
The Punjab Industrial Establishment (national & festival holidays, casual & sick leave) Act, 1965 and the Rules made thereunder have been enforced in the National Capital Territory of Delhi w.e.f. 1.1.1974
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Summary+of+the+Acts+Implemented/The+Punjab+Industrial+Establishment+Act,+1965
>>> Bonus;
The statutory Bonus has to be paid to all eligible employees that includes Managers too by 30th Nov or employee can be penalized.
You may go thru Payment of Bonus Act.
>>> Submit Notice of resignation under proper acknowledgment.
There are many threads that you may find relevant e.g;
http://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U4bwW0eBmXU
In case of any difficulty approach your labor consultant/service lawyer.
