Saswatabanerjee
Partner - Risk Management
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Pradeepullanat
Consultant For Social Compliance, Factory
+4 Others

Thread Started by #mahijes

Hello sir,
My self Mahesh Purohit
I have one query about annual leave with wages.
if any employee is completing 240 days in the last year than he is applicable for the annual leave with wages in the current year but in the current year if he is fire out by employers or discharge by employers before he used his days for annual leave with wages
than he is applicable to get the wages for those days or not? ?
22nd September 2014 From India
Dear Mahesh ji,
Employee who is discharged or dismissed from services for whatever reason, he is entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharged or dismissed. This leave includes the leave which he is entitled to, for his working in current year.
22nd September 2014 From India, Mumbai
First, you need to specify what law your organisation comes under.
What KK explained is provided for in factory act (encashing pending leave at termination of employment). Some of the shop and establishment acts have similar provision. But you need to see if the same applies to your unit
22nd September 2014 From India, Mumbai
Hi,
Kindly refer to the section 79 sub-section 3 of the factory Act, which states the applicability.
As such he entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his dismissal.
Thanks.
23rd September 2014 From India, Mumbai
Mr. Pradeep is correct. for an argument sake assume if an employee leaves on his/her own then will you pay AL? SO SO. The question does not arise similarly when terminated or discharged. But comes under IT Act, pl recover TDS.
Regards,
V.Murali
23rd September 2014 From India, Dabhol
Hello,
I agree with saswatabanerjee. There are different provisions in different Acts. Beside the Factories Act mentioned, in Mine Act 1956, the maximum limit allowed to be encashed is 30 days only in case of separation for reasons other than superannuation. But I would like to add that if the employee has been terminated/dismissed on the grounds of moral turpitude, then he is not entitled to leave wages for the remaining annual leave at his credit.
AK Jain
25th September 2014 From India, Jabalpur
Dear,
Provisions contained in Factories Act, Mines Act and Plantation Labour Act are akin except the quantum of leave earned and the period qualifying a single day of leave with wages.Of course, if your organisation is covered under the Shops and commercial act the position may be different . You may decide the issue accordingly.
S.K.Johri
25th September 2014 From India, Delhi
Dear Friends,
My response to the query was very specific to the query. Unfortunately, the same is deleted by the moderators / administrators. My respond was appreciated by even our senior member Shri. Saswata ji.
Whether it is a factory or mine or shop or commercial establishment, concept of earned leave is same and the queriest question is on this concept according to me.
25th September 2014 From India, Mumbai
Mahesh Purohit
Once an employee completed 240 days of service i.e. She or He becomes eligible for EL or Annual leave payment irrespective of the condition whether terminated or discharged or resigned. For your clarification pl refer ID Act under terminal conditions.
V.Murali
26th September 2014 From India, Dabhol
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