Refusal to encash the earned leave/adjust in lieu of notice period.
Anil kaushik
(Querist) 17 February 2016
This query is : Resolved
Encashmentof earned leave/adjustment in lieu of notice period: Issue Related To encashment of my unused 25 earned leave : URGENT Help Required Hi, I resigned from my company in the month of Oct 15 by giving a notice period of 1week my resignation wa accepted and i was relived on 21 st oct as requested smoothly by proper handing taking over of the charge & got releiving letter to collect the f& F in the last week of November 15.
Now they are not releasing my F& F settlement & other dues ( superannuation,Gratuity)
After so many communication with Hr recently i have been intimated by mail that
1. Their would a deduction for short notice (24days)
2. unused leave will neither be encashed nor adjusted in lieu of short notice .
In Case I Protest Please Suggest What I Can Do Here. 1> Am I entitle for encashment of unused earned leave Legally 2> What Can I Do for delay in payment of my dues . PS: Please Help Me. Thanks,Anil
Rajendra K Goyal
(Expert) 17 February 2016
Earned leaves can not be en-cashed as such / adjusted towards notice period till there exist specific service conditions , guidelines / clause in the appointment letter.
For extra ordinary delay in settlement of your claim you can demand interest.
Kumar Doab
(Expert) 17 February 2016
The company shall send you FnF statement showing computation of earned wages for days worked/leave encashment/bonus/OT/reimbursements/adjustment of notice pay/Gratuity etc............and final FnF payout.
If notice of determination of Gratuity is not supplied you may mention that same is not supplied and submit FormI under proper acknowledgment.
In case there is delay submit a gentle representation to good offices of appointing authority,MD,Chairman.............and if good offices also do not provide any relief approach your employee's/trade unions and your able labor law consultant.
