Case details:
Month starts at: 01/01/ 2017
Resign date: 04/01/2017
Last day served: 21/01/17
Earned leave in hand: 33
Notice Period as per appointment letter: 30 days
Notice period served: 18 days
Shortfall to serve notice period (30 days): 12 days
Employee compensates short fall in notice period with 12 earned Leave
Leave encashed by employer: 21 days
Salary Paid: 21 days in prorate basis
What would be the employee salary: whether he will get only 21 days full salary or he is eligible for 30 days full salary plus 3 days for that month?

From India, Delhi
Labour Consultant
Apex Management
Labour Laws Consultants
Sr. Manager (p&a)
+1 Other

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Apex Management

Please note the EL carried forward is restricted at 30 days under the prevailing labour laws unless provisioned at higher numbers in Certified Standing orders.
Secondly, while making Encashment of earned leave, gross wage is not considered. Gross wage is taken into account while someone availing the EL. In your case after deduction of notice period if provided in the appointment letter, you are liable to pay for balance EL.
P K Sharma

From India, Delhi

1 month Notice Period means 4th January, 2017 till 3rd February, 2017. Last day working is 21st January, 2017, therefore shortfall of notice period is from 22nd January to 3rd February i.e. 13 days. Balance leave 33 days Less Shortfall of notice is 13 days and hence encashable leave is 20 days.
The concerned employee is eligible for 21 days full salary for January, 2017 where all statutory deductions are applicable and 20 days leave encashment as per your Company Policy.
Tnx & Regds,

From India, Thane

This is subject to the HR policy of the company. There is no law related to this subject matter. v.murali
From India, Madipakkam

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