We have accumulated 45 Previlage leave of our employees now we want to encashment all previllage leave is it possible as per the shops and Establishment Act and Factories Act ?
From United States
1From United States
Dear member,
I 've no idea as to which state's Shops & Estt Act applies to your estt. But I am sure that annual encashment of Privilege Leave or Leave with Wages in lieu of avail has not been provided for either in the State's Shops & Estt. Act( other than Tamilnadu- I am not sure) or the Factories Act,1948 except in the event of termination of the services of the employee.Moreover, the the maximum no of days of such leave that can be accumulated is limited to 24 in the former(in Tamilnadu) and 30 in the latter.However by virtue of the operation of the provisions of Sec.78 of the Factories Act, better terms in this regard under any other law or award or settlement or contract of employment are permissible.Periodical or annual encashment of such leave can be considered more beneficial to both the employer and the employees.Better arrive at a bilateral settlement in this regard u/s 18(1) of the I.D Act,1947.
From India, Salem
I 've no idea as to which state's Shops & Estt Act applies to your estt. But I am sure that annual encashment of Privilege Leave or Leave with Wages in lieu of avail has not been provided for either in the State's Shops & Estt. Act( other than Tamilnadu- I am not sure) or the Factories Act,1948 except in the event of termination of the services of the employee.Moreover, the the maximum no of days of such leave that can be accumulated is limited to 24 in the former(in Tamilnadu) and 30 in the latter.However by virtue of the operation of the provisions of Sec.78 of the Factories Act, better terms in this regard under any other law or award or settlement or contract of employment are permissible.Periodical or annual encashment of such leave can be considered more beneficial to both the employer and the employees.Better arrive at a bilateral settlement in this regard u/s 18(1) of the I.D Act,1947.
From India, Salem
First of all let us know whether your company comes under Factories Act or under Shops & Establishment Act, which state your company belongs too so as to give views
From India, Ahmadabad
From India, Ahmadabad
We are In Gujarat and have two different location one applicable Factory Act, 1948 and one is in Ahmedabad Shops & Establishment.
From United States
From United States
As per Bombay Shops & Establishment Act 1948, the employee can get the leave encashed at the time or retirement/resigning the job, for the accumulated leave as per Section 35.
As told by Mr. Umakanthan there is no provision of encashment written in Factories Act.
From India, Ahmadabad
As told by Mr. Umakanthan there is no provision of encashment written in Factories Act.
From India, Ahmadabad
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