Ashok Asthana
EL is applicable once the employee becomes permanent. During the probation period employee is not entitled to any leave. Hence it is pertinent to know your status-whether on probation or confirmed.
Secondly deducting pay and also loss of leave is ridiculous. It is against all labour laws.

From India, Delhi
Yaasmin
47

Dear Mr. Ashok, I have replied earlier that all the employees (to whom this things matter under this company are permanent) exceeded 6 months of probation.
From India, Mumbai
priyadarshee
5

Dear Yasmin,

There are 2 kinds of unplanned leaves. CL and SL. SLs are also must as you never know you might need a leave for sickness.

The ideal leave structure can be "1 leave EARNED for 20 working days" rule. So in a month it becomes 1.5 EL (Earned Leaves) which can be credited to th employee. Which comes to 18 ELs (1.5X12) per year. Along with this 8 CL (Casual Leaves) which are unplanned and can not be combined with any other leaves and can be taken maximum 2 or 3 days at a time. Also 7 SL (Sick Leaves) for sickness.

At the end of Leave calendar which is from January to December, the remaining EL and SL gets carried forward to next year and CLs get lapsed.

In general in a year it looks like this:

18 (EL) + 8 (CL) + 7 (SL) = 33 + 8 (Govt./Festival holidays) = 41

You can reward people who have not taken SLs for good health, EL/CL for excellent attendance. Please note that only EL is considered for Leave Encashment. Anything going above 60 ELs can be encashed by the employees.

Best regards,

Priyadarshee Pradhan

From India, Pune
Gautam.gupta
Hi Yasmeen,
This is only because of the unawareness of the company staff otherwise no company can deduct the leave balance and no payment for the absent of 1 day. It is unlawful.
But before taking any action in this regard please go thru ur company leave rules and the eligibility criteria for the EL.
Regards
Gautam Kumar Gupta

From India, Bhopal
Yaasmin
47

Dear Friends & Seniors,
Thanks for your efforts and responses, I am approaching my management with the help of your suggestions, even I have conveyeed the suggestions which came up here, lets what shall be the decision, if it favour exploitation of employees rights then no use of suggesting or correcting them.
I am too happy to see the overwhelming suggestions and reponses to support me.
You people give strenght and support to the needy at the right time.
Now this cite has becaome part of our life, its like a senior guidance showing us the right path each and evry time, with our initiative to correct the HR functions in a particular firms.

From India, Mumbai
mahipalnbh07@gmail.com
Hi members,
If in your company an employee is absent without giving any information then the employee is simply considered absent and the amount equivalent to that day is wage is deducted from his/her monthly salary.
But at the end of year according to leave management if the employee have the balance left from 21 leave. Than the company have to pay the amount the left leave.
But again for sake of company if an employee is absent many time and gave no information than the employee may be considered indisciplined and may terminate from his/her job.

From India, Ahmadabad
Yaasmin
47

Dear friends,
This is with referrence to my eralier posts, I have resigned from this company in april month, served one month notice period, handed over all the things to new joinee and left.
Now they have paid me my last salary and other stuff on a account voucher, they asked me to mentioned there that its full and final settlement on salary voucher and bonus, LTA voucehr which was part of my CTC.
But paid leaves / encashment of leaves and id not give exp and rel letter.
I send several mails to them asking them to clear this but they replied me saying we will get back to you, its 15 days now.
I did got a job in a good company with these letters but I want to your advice regarding this, what should be my next steps for them.

From India, Mumbai
singhjyoti17
2

Dear Yaasmin,
Congs for new job.
As far as my knowledge, leave encashment should be mention in the calculation of full and final settlementsheet.
Give reminder to your previous employer for Leave encashment,experiance certificate and releaving letter and try to take those ASAP. All these are important for future.
all the best.

From India, Pune
Yaasmin
47

Dear Jyoti,
After my last working day, I waited for F&F, they cleared salary in one chq and LTA and Bonus in chq and signature on account voucher indicating on both the voucher that is f&F, but I did not signed on any F&F or undertaking that its an F&F settlement and I have no dues.
After that I sent the 5 to 6 mail for above mentioned three subjects and once they replied saying dont send us reminders we shall get back to u on exp and rel letter, to which I immediatly replied - I understand and shall not send u reminders but pls clear my dues of Leave encashment and exp and rel letter at earliest.
The last communication was on last week monday but no response till date.
Hence thinking of next step and require advice frm seniors.

From India, Mumbai
mani_pooja
70

Hi Yasmeen!
First of all please do collect your experience and relieving letter from your ex-employer.Its more important than EL encashment at this moment.As specified you have send many reminder mails but of no response so I strongly recommend that you personally visit and contact the concern person explain him the Issue.
As per law-Every employee is supposed to get these above letters at the time of leaving itself.I think you have waited unnecessarily for many days.
Even if its not working out inform that you will be taking legal action against them BY SUING THEM (cheating or fraud with employee for not giving letters).
Secondly coming to EL encashment in first case you should not have signed unless you had received them.So its your mistake and nothing cannot be done in this regard.Maybe you request them or take it easy (I don't think its going to be a big amount).
VERY IMPORTANTLY TAKE LETTERS RATHER THAN THINKING OF DUES.


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