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Ankur gautam   19 June 2018

Earned leave

Sir

In case any employee leave the organisation within 6 months from the date of joining, is he entitled to receive earned leave encahsment as per labour law or not.

 

Regards

Ankur



Learning

 6 Replies

Kumar Doab (FIN)     19 June 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

Kumar Doab (FIN)     19 June 2018

Generically speaking; Yes…

The establishment per applicable rules framed in accordance with applicable enactments (providing similar or superior benefits) shall have to calculate (correctly) and compute the leave encashment in FnF settlement and disburse..

You may pick up relevant points from threads on similar/matching query by SEARCH option in threads, Articles etc

e.g; Article Under my Profile;

Employee can exceed earned leave limit

Kumar Doab (FIN)     19 June 2018

e.g;

 

For establishment covered by Act in Haryana, Punjab

THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958

(PUNJAB ACT  NO. 15 OF 1958)

 

2 (Xv), 14

Kumar Doab (FIN)     19 June 2018

In Delhi;

per

Delhi Shops and Establishments Act, 1954

2(16),22

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Delhi+Shops+Act,+1954/

 

Kumar Doab (FIN)     19 June 2018

In Delhi;

per

Delhi Shops and Establishments Act, 1954

2(16),22

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Delhi+Shops+Act,+1954/

 

Kumar Doab (FIN)     19 June 2018

In Delhi;

per

Delhi Shops and Establishments Act, 1954

2(16),22

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Delhi+Shops+Act,+1954/

 


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