Thanks & regards,
2. if any employer do not provide leave (other than weekly off and public holidays) to probationers for first 6 months of joining, then after completion of probation period are the employees eligible for leave of their probation period as leave salary for that period?
3. what is the ideal time for paying leave salary amount to employees? April or January or any time of the year?
Position:- 1. Any Employee who has earned (qualified on fulfillment of Service Conditions) Leave and applies as per laid down procedures and in the prescribed Forms/Format to avail any part of Earned and other Admissible Leave ( including Holidays) can not be lawfully denied such availment of Leave Applied For UNLESS the Leave Applied for can not be sanctioned/approved due to Exigencies of Work. In such events/situations, the Leave Due and Applied for will have to be carried forward Strictly in accordance with Statutory Provisions of either Factories Act and he Rules or the Shops & Establishment Act and the Rules or the Service Rules framed by Govt for their Employees.
Grant of Leave can not be ARBITRARY.. Further, Encashment of Unavailed Leave Due has to be within the Statute and Income Tax Laws applicable. Encashment of Unavailed Leave is also Not Arbitrary.
2. Probationers are also governed by the above mentioned Acts and the Rules. In case, National Holidays fall during Probationary Period, the Probationer can not be denied such Leave with Full Wages or a Compensatory Leave. Probationers are Employed against Permanent Sanctioned Posts and the Probationary Period including Extended Probationary Period will be accounted for computing Leave Eligibility.
3. According to past Precedents, Establishments allow Encashment of Leave up to the Admissible Limits in next Calendar Year for the preceding Calendar Year before IT Payments Dues are calculated and shortfall adjusted in installments.
Kritarth Advisory Team & Management Guide
Kritarth Consulting Pvt. Ltd
Kritarth Consulting Private Limited
Bengaluru, Delhi NCR, Pune, Jamshedpur
October 28, 2014, 1.30 pm