Labour Laws & Ir
Rajeev Verma
Hr Professional
Sr. Executive Hr @ Nec Hcl St
Site Executive

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I am resigning from my job and want to claim Leave Travel Allowance (LTA) from the employer who is not willing to pay. The condition in offer letter is as per below
" You are entitled for LTA (Leave Traveling Allowance), in which you can claim an annual continuous Paid leave of 10 days or 10 days of extra salary if the leave is not taken. LTA is applicable only after completion of one year of permanent service with the organisation. This payment would be given to you annually."
I joined the company on 29th august 2007 got permanent letter on 1Dec 2007 and had given notice on 2nd of this month.
Please advice what recourse I have in this situation.

From India, Delhi
This clause is legally not valid as the person should be on leave for 5 days to be eligible for claiming LTA. Also incase of seperation it is paid on a prorata basis (taxable)...hence in my view you are eligible.

According to my company if a guy complete his one year of permanent services and not taking leave of continuous 10days in next year will be provide the amount in the third year .
From India, Delhi
In this case LTA is an allowance and not a reimbursement, it can be very much paid in the full & final settlement, but it will be taxable...
From India, Delhi
As per terms & conditions of your appointment letter you are eligible for receiving the LTA amount from the employer.

Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)

From India, Delhi
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