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Nilakumar81
Hi Friends
I am working with NBFC sector as a manager, i have some health issue due to travel so i am planning to look up some travel less job, it has been informed to my employer and i have resigned on 1st aug'14 ( as per appointment letter, notice period is 60 days ) Now my questions are,
1) I have 35 days of earned leave , but as said by employer "taking leave in the notice period will extend the working days"
2) As said by employer , i cant encashed my Earned leave (i have 35 days of balance) and also it wont be consider to deducting from required notice period
3) Salary wont be credited, it will be credited only with settlement
4) settlement period will be 45 days to 75 days from last working day.
please give me clarification on above points..........!!

From India, Erode
ravi5554
427

Hi,
If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unveiled leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal

From India, Mumbai
deepa.bhatia
86

Confusing. 35 days - Neither you can encash nor you can take leave. The total screwed up. Was this mentioned in the appointment letter or your manager is just imposing it now. Read your letters again if that is not mentioned in it. Go to the senior authority and seek his / her advice on how to go about it. In my opinion you have full right to enjoy your 35 days either in payment / leaves ..
From India, Mumbai
vaisu_21
1

Employee has right to take leave during notice period. Please refere case, Ghanshyam Vs Delhi Metro Rail Corporate, 2007, Delhi High court has confirmed the same
From India, Mumbai
lavika yadav
102

Hi,
Talk to your HR..In NBFC sector fnf settlements takes 15-45 days time as they have to calculate trimester incentives and some other allowances.its normal thing.
Salary payout is not done in Notice period.You can take leave but it will be LWP.
Rest your query about 35 EL then talk to hr.COmp off and SL is not encashed only PL gets encashed.
Rest be in touch with your senior managers and HR.keep all conversations back up as proof,
Good Luck !!!

From India, Mohali
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