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Rajat   29 January 2018

Encashment of leaves - maharashtra

Hello All,

I am company HR of a private company in Thane, Maharashtra.

One of our employee resigned and relieved few months back and now he wants to encash his paid leaves which he did not take.

My company have a policy that we give paid leave to employee only when we get atleast 4 - 5 days notice in advance, other wise it's treated as absent and salary is deducted from salary. However, some employee still take that leave and accept to deduct salary.

In case of above employee, he took many leaves without any approval, so most of time his salary was deducted. Now he wants to encash those remaining leaves. As per shop and establishment act, Maharastra, do we have to mandatorily encash leaves?

If yes, this would become an easy tool for employees to misuse as they will take leave without any intimation/approval and will later encash those remaining leaves (possibly at higher rate, in case of salary increment later).

Your help in this regard would be highly appreciated.

Thank you

Rajat



Learning

 1 Replies

kameswarao S (Head HR)     31 January 2018

Dear Rajat,

If i am not wrong the employee who resigned and left the organization is asking for leave encashment.  In case employee is having ELs to his credit at the time of leaving the organization need to calculate the eligible amount and pay along with the amount payable towards his full & final settlement. This is as per Shops & establishments Act & the company need to encash his leaves and pay

The above process is not linked with the sanction of leave. In case the employee is in the roles of the company and if he wants to avail leave he should obtain prior approval from his superiors failing which it will be treated as abstaining from duty.  In this case you have every right to deduct the salary / wages to that extent and even initiate disciplinary action also. 

Request to note that the both of the above are different and not to club.

Regards

Kameswararao


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