Sorry , i think i haven't posted the query in a better way to understand.
Actually my query is , is a probationer is eligible for any sort of leave during probation period or at end in case of termination of probation period as per law.
If yes what will the numbers/types of such leave applicable for the period and what will be the law applicable.
There is no exclusive leave rule applicable for Probationers. Leave rules are governed by what is stated in your appointment letter and other terms & conditions applicable to the appointment/post. Traditionally no regular leave like EL/PL, sick leave etc are not applicable as they "should be earned" by rendering a year of service. Some employers allow leave proportionately for the fraction of year of service rendered, rarely some even credit leave days in advance in deserving cases in emergencies like serious sickness, accident hospitalisation etc. It all depends on the convention & precedence followed in an establishment. But Casual leave if applicable can be allowed proportinately or in full measure. However conventionally it cannot be claimed as a right during probation. The practice is, if and when allowed, there is a catch, your probation period likely to be extended by so many days of leave you are availing/allowed. In some establishment, they allow the probationer to accumulate the compensatory off days granted to them for OT work done if any, to be utilised as unofficial leave (alternate off days) in order to help the go-getters.
Under factories act, there is a section that says at the time of termination of employment, the accumulated leave must be encashed. There is no difference provided on how termination happens (it includes resignation). So if the person was eligible for leave, then ofcourse, he will get encashment of the same.
Further, this will apply only to the number of leave days that is provided in the act, and not as per the structure that the company may have.
If the probationer does not have right to leave, then no encashment is allowed.
If you are under shop and establishment act, similar rules are there in many states, you need to check it out.
Yes probationers are also eligible for leaves as other employees of the organization. In full and final settlement only El can be en-cashed but as per law eligibility for earned leaves is 240 working days in a year. Some employer give EL on prorata basis also. So please go with the practice your organization following or with your leave policy.
Please clarify more,
We are covered under shops and establishment and factories act both.
In my organization , we are having practice of paying leave en-cash for leave in a cycle of every six months
as from Apr - Sept -En-cash in Oct and Oct -Mar-En-cash in Apr.,keeping the condition that new joining employee as
probationer must get confirmed to become entitle for en-cash of leave.
If any probationer gets separated from the employment due resignation or termination within 6 months or 12 months of extended probation,
will not be eligible for any en-cash in F&F also.
For en-cash of leave for new joining employee, he/she must be confirm for getting benefit during employment or in case of F&F .
Is it right practice to continue as per Law/Healthy industrial practice.
Awaiting for response.
An org can either be an establishment or a factory; can't be both. An office in factory premises is defined as factory.