Jeevarathnam
Sr. Manager Hr/admin
Adoni Suguresh
Sr.executive (per & Adm)
Employment Lawyer
Lawyer & Consultant
Yk1
Sales Executive

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Anonymous
Dear All,
Would highly appreciate if someone can assist me on below scenario :
My company is closing down on 31st of march 2016,
We are allotted the annual leaves from 1st of april which is earned from apr to march every year.
In my case we have all the leaves of 2015-2016 unused as 1st of april 2016 has not yet come and unfortunately 31st march is the last day, so my leaves earned from april 1st 2015 till 31st march 2016 will be wasted and company says we will not get any encashment for it.
Would like to know from legal aspects if we can file a case against our company regarding the same? or legally we are only eligible for leaves if the company would have existed after 31st of march?
PS: We have used and can used any leave which is balance but only those which was earned from april 2014 till march 2015, basically previous financial year.

From India, Mumbai
Hi FYI, Leaves shall be calculated only on calendar year (Jan - Dec) not on Financial year
From India, Bangalore
No, as per our company’s policy its calculated as per financial year
From India, Mumbai
Hello. Its statutory requirement as we have to follow as Calendar year. Mandatory to follow as Calendar year only
From India, Bangalore
Okk but as the company is closing down in less than a month now they might not change this procedure, but wanted to know about my issue, if the company follows financial yr process for leaves, am I legally eligible to for the 21 days leave of this financial year which i calculated up to 31st march of every yr?
From India, Mumbai
Dear All members,
Due to my health problem and unforeseen circumstances I could not participate in the discussions of CITE. In future I may contribute as and when my health permits and subject to availability of infrastructure.
I take this opportunity to thank all in general and specially to senior members Shriyuths, Korgaonkar, Dhingra Sir, jeevarathnam, verghese sir and many more members for their valued contributions. I have much learned than my contributions in this thread.
Thanks a lot again.
Adoni Sugurtesh
Labour Laws Consultant

From India, Bidar
The Company is liable to give you the leave encashment for the completed year as on 31.03.2016, they cannot get away from this legal liability. Go and file a claim before the jurisdictional Labour Officer as soon as possible. All the employees can file their claim together also. In case you and other employees need my assistance [if this is in Bangalore], are most welcome.
Z N HANSI
Advocate

From India, Chennai
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