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I would like to know the legal right of the Sales promotion Employee on the encashment of earned leave at his retirement time . Is he eligible for 6 months (180days) salary if he has 180 days earned leave in his leave accounts ? Or less ?

From India, Kozhikode
Suresh Rathi

Dear Sir,

I am appending extract of SPE Rules.

This should clarify your concern.

14. Earned leave and cash compensation for earned leave not availed of.--The maximum

limit up to which earned leave can be accumulated shall be 180 days out of which a sales promotion

employee can avail himself of 90 days at a time :

Provided that where a sales promotion employee is suffering from any lingering illness, such as,

tuberculosis, cancer, leprosy, heart disease or mental illness, or any disability which prevents him from

attending to his duties, teh competent authority may allow the sales promotion employee to avail himself of

earned leave for any period exceeding 90 days at a time.

(2) When a sales promotion employee voluntarily relinquishes his post, or retires from service on

reaching the age of superannuation, he shall be entitled to cash compensation for earned by him and not

availed of :

Provided that a sales promotion employee shall not be entitled to cash compensation for earned

leave not availed of for a period exceeding 120 days.

(3) Notwithstanding anything contained in sub-rule (2) where a sales promotion employee had

applied for earned leave due to him so as to enable him to avail of such leave immediately before he

voluntarily relinquishes his post or retires on reaching the age of superannuation and such leave was

refused, the sales promotion employee shall be entitled to cash compensation for the entire period of earned

leave so refused as well as cash compensation for the period of earned leave due to him, in respect of which

no application to avail of the same was made ; so however, that total period of earned leave for which cash

compensation shall be payable under this sub-rule shall not exceed 180 days.

From India, Delhi
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