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RAKESH DUBEY ONLY
1

Dear All
Our existing policy to encash E.L. for Officer 15 days and staff 10 days on every December,(entitlement 30 days for officer,15 days for staff)
My quary is on the following points.
(1) Can we change the existing policy and stop the E.L. encashment their balance of E.L. less then 30 and 20 respectively.
(2) Can we withdrawn the facility of E.L. encashment.
Kindly suggest for above matter.
Regards
Rakesh Dubey

From India, Raipur
bandinidwivedi
1

Dear Rakesh,
you can not withdraw the facility of E.L. ancashment because it will be illegal it will be against of Factory act/Shop and establishment act.
secondly you can change your policy for No E.L. encashment if their balance of E.L. is less then 30 and 20 respectively.but you have to do the encashment if any employee do resign or get retired.
Regards,
Bandini.

From India, Delhi
pbskumar2006
590

Dear Rakesh ji,
There is 'NO' specific rule for encashment of ELs. Its purely the managment policy. But according to 'Factories Act' concern. All the ELs should be encashble at the tenure of the employment. For this reason, so many organisations prepare their own Leave Policy. For Shops & Establishment each state has mentioned specifed quantum of leaves in the act itself. For further details in this citehr somany friends given their coments please go through it.
Regards,
PBS KUMAR

From India, Kakinada
rajasekarankalyanir
IT IS ILLEGAL A EMPLOYEE WHOWORKED 11DAYS CONTIOUSLY ELIGIBLE TO GET 1 DAY EARNLEAVE.WHIL THE ENCASHEMENT PART HE HAS TO COMPELSOURLY TAKE LEAVE 7DAYS AND ENCASH 15DAys SALARY.ONLY FOR THE NEED OF MAN POWER THE MANGEMENT GIVE 15DAYS SALARY TO THE EMPOYEE SO AVOID THE FRICTION ,NOT DOING ANY HARM FOR EXISITING FACILITIES.
From India, Selam
vsdixith
I think as per the Industrial Disputes Act, 1947, notice under section 9-A has to be issued to the workers. (subject to correction)
From India, Hyderabad
Raj Kumar Hansdah
1426

Dear Friend Rakesh Dubey
Would you kindly let us know first, why you want to become so employee-UNFRIENDLY ???
Is it due/out of your own nature, thinking; or you have received some instructions from the management ??
My dear, once you decide to be mean and exploitative; you can do absolutely ANYTHING with the miserable, hapless employees; as many "baniya" outfits (calling themselves a company by incorporating the business) have been doing.
Why did you put this query in the first place ? Is it know about the penalties, or if others are doing it ?
As an HR practitioner, you must surely be aware of the provisions related to EL. It is generally expected that an HR person would ensure fair and legally-compliant policies for the employees. However,"actions" are always a personal choice.
Warm regards.

From India, Delhi
K. Gopalakrishnan
15

Mr.Rakesh Please go through Factories Act and you may act accordingly. You need not worry about anything. You advise your management to follow the Factories Act strictly. K. Gopalakrishnan
From India, Bangalore
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