Hi all ,
I was working in a Private technology solutions concern for 2 years and 1 month . I got an other job so I moved mutually from then present Job to my new one . I dint give any resignation just told my boss that I am leaving and he agreed with that . I am not sure what Policy they have for Leave Encashment , once my boss said that your leaves will be encashed later if you are leaving the concern . I believed that but now after one year , he is not at all responding for that and telling me that he is speaking with the lawyer for that .
what should I have to do now ? I do not what is the company leave policy ? Is there companies without Leave policy ?
Responses are truly appreciated !
Thanks,
Priya Selvaraj.
From India
I was working in a Private technology solutions concern for 2 years and 1 month . I got an other job so I moved mutually from then present Job to my new one . I dint give any resignation just told my boss that I am leaving and he agreed with that . I am not sure what Policy they have for Leave Encashment , once my boss said that your leaves will be encashed later if you are leaving the concern . I believed that but now after one year , he is not at all responding for that and telling me that he is speaking with the lawyer for that .
what should I have to do now ? I do not what is the company leave policy ? Is there companies without Leave policy ?
Responses are truly appreciated !
Thanks,
Priya Selvaraj.
From India
Even if the company has a separate leave policy it should not be inferior to that of the leaves under the state Shops and Commercial Establishments Act (hope your establishment was a commercial establishment and not a factory, mine or plantation) which governs the service conditions including leaves of employees working therein. The Act is very clear about encashment of leave to an employee who left service and accordingly you are eligible for the same. I don't know why your previous company boss is waiting for a legal opinion to come in this matter.
Madhu.T.K
From India, Kannur
4193Madhu.T.K
From India, Kannur
Dear Friend,
First of all you are supposed to tender resignation for your post in your previous employer. Mere telling orally to your boss may not sufficient to prove that you resigned. The unavailed earned leaves if any in the credit of employee who resigns or retired will be paid by the employer. In the absence above two, how we have to treat your absence from duty in your old employer office.
Hence, you are advised to settle this issue first and ask for your final settlement of account with previous employer after getting acceptance of your resignation in writing.
Regards
From India, Hyderabad
First of all you are supposed to tender resignation for your post in your previous employer. Mere telling orally to your boss may not sufficient to prove that you resigned. The unavailed earned leaves if any in the credit of employee who resigns or retired will be paid by the employer. In the absence above two, how we have to treat your absence from duty in your old employer office.
Hence, you are advised to settle this issue first and ask for your final settlement of account with previous employer after getting acceptance of your resignation in writing.
Regards
From India, Hyderabad
Hi Mr.Madhu & NV Rao ,
Thanks for your replies.
Let me tell you brief about my company. Its an outsourcing company which specialize the technology solutions.So Its a commercial concern. We were less then 10 members in our company so we dint have PF , ESI . So still I am eligible to ask leave encashment ? We dint have anything about leave encashment in my offer letter.
Please help
Thanks,
Priya Selvaraj.
From India
Thanks for your replies.
Let me tell you brief about my company. Its an outsourcing company which specialize the technology solutions.So Its a commercial concern. We were less then 10 members in our company so we dint have PF , ESI . So still I am eligible to ask leave encashment ? We dint have anything about leave encashment in my offer letter.
Please help
Thanks,
Priya Selvaraj.
From India
A commercial establishment is expected to follow the provisions of the State Shops and Commercial Establishments Act. For entitlement of leave and encashment of unavailed leave at the time the employee leaves, there is no condition with regard to number of employees in the establishment. Therefore, you are eligible to get the leaves encahed.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Going by her statement, she served in an unorganised company which may not have any systems. How an employee will be allowed to go out without proper exit procedures? Do you have any appointment letter? Was there any attendance system? How do you know you have accumulated leaves? How did you get payment - thru cheque or cash or direct bank transfer?
Pon
From India, Lucknow
Pon
From India, Lucknow
Hello Mr.Pon, Yes , I have the offer /appointment letter. We did have attendence . I got payment thru bank transfer. Let me know pls ! Thanks, Priya Selvaraj
From India
From India
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc
EPFO Circular Leave Encashment.jpg