I worked in an organization for 4 years. They did not pay the compensation for not utilising Earned leaves.
Is there any law which enables employees to file case against organisation in this matter.
Thanks
ramamurthy (engineer) 06 February 2021
I worked in an organization for 4 years. They did not pay the compensation for not utilising Earned leaves.
Is there any law which enables employees to file case against organisation in this matter.
Thanks
Nandini Warrier 07 February 2021
Section 79 in The Factories Act, 1948 talks about Annual leave with wages—
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages.
The calculation of earned leaves is done monthly for the entire calendar year. Such wages for number of days which will be calculated depending on who is working, and how they are working. The maximum leaves that can be accumulated are 30 days. Every state has a different leave policy and leaves rules, and according to The Shops and Establishment Act, it can go up by 45 to 60 days, depending on the policy of the states.
You can approach the HR department with your concerns, and if there is no response, then you can send a legal notice to the company, of the human resources department.
Also please approach a well rehearsed lawyer with your concerns.
Please follow this link and the thread of replies to learn more about your query-
https://www.lawyersclubindia.com/forum/leave-encashment-under-labour-law-3164.asp
Hope this helps-
Regards,
Nandini.
ramamurthy (engineer) 07 February 2021
Thank you
G.L.N. Prasad (Retired employee.) 07 February 2021
First get a legal notice seeking the reasons for not settling your earned leave encashment as per your application, and let employer take a stand first.
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