Rules For Earn Leave Encashment In Private Sector For Outstation Posted Employess - CiteHR
Private Consultant On Labour Laws
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I am posted in Mumbai and our HO is in Faridabad, my salaries are transferred from faridabad office. I am in Mumbai from last 15 years and took only 5-6 continuous leaves in a year but never got earn leave encashment, max limit is 60 as per our company.
as I applied for earn leave encashment this month, my company replied ,due to flexible working hours of outstation posted employees, so they are not entitled for earn leave encashment.
but they are giving earn leave encashment to Faridabad based employees.
pl suggest will I entitled to get it or not

Dear mukkesh,
I would advise you to check the terms & conditions of your appointment letter or the conditions of the contract as to whether there is some stipulation that you will not be entitled for earned leave encashment due to flexible working hours.You need to clear as to whether they are not giving you leave or its only leave encashment. In my opinion, such condition,shall be consider as void ab initio. After all they must be assigning you some target of work and paying you every month. All the labour welfare regulations specifies the quantum of various kinds of leave and its encashment for the employees. This is clear-cut case of discrimination,if the same set of workers at Faridabad are getting leave encashment. You can try to ascertain the rules/regulations from the company,under which they behave in this fashion.
BS Kalsi

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