Dear all, I just resigned from manager post in a manufacturing industry on management staff leave credit is 32 days while resigning and 92 in jan17 and 88 in jan16. Our company says they neither consider for waiving nor encash and says only applicable for workers and not management staff since we don't come under trade union act. Guess my company comes under factories act and shop & est act Tamilnadu. Am I eligible or not?
From India, undefined
Sr. Hr Executive
Srinath Sai Ram
Hr Manager

As your grade is manager and you comes under management cadre thus, you will be not covered by shops act or neither by factories act as workmen. Encashment of leave will be in companies discretionary power if not mentioned anything about the same in companies standing order or MSI laid down by the management for mangers in the company.

if your come under f factories Act then this Act doesnot bifurcate between workman and manager you are eligible as per act only. Your company giving wrong execuses to you.
From India, Pune
Sir, Thanks for replying. My company is one of the oldest amalgamation group in chennai and this is the battle for years by every exit employee. Also if I ask to consider how to expect whether by waive off in notice period or encashment and how it will be calculated in gross or basic. Company calculates all in gross in recovery and if a stage comes to give anything to employees they calculate in basic.
From India, undefined
Also there is an unclaimed vehicle maintenance for last 4 yrs which is as per letter RS.10000/- PA but while claiming they say 2000 if 2whlr and 10000 for 4whlr. If by fuel reimbursement 2000 pm+ maintenance comes 34000 a year as per eligibility but gives 26000 only whereas the same they give by conveyance I got 45000 last year. The previous 3 yrs I got only close to 70000 thru reimbursement whereas if by conveyance would have ended up 135000. The diff is 65000 and our company says they take only for 6000. How to go about it.
From India, undefined
Company calculates all in gross in recovery and if a stage comes to give anything to employees they calculate in basic. - Its illegal practice.
From India, Pune
Dear Guest, All Employees irrespective of the Designation, Nature of work Performed come under the Purview of both The factories Act & applicable Shops & Commercial Establishments Act regarding eligibility for leave.However, for carry forward of Leave again you are eligible as provided under the Acts.
The very fact that the Company has permitted you to carry forward leave entitles you for encashment post Resignation/Relieving from Service
Fixed Gross Salary Components are taken in to consideration for payment of Leave Encashment Amount
Further, you have stated that your esteemed Company has history of denying leave Encashment.Despite this you have carried forward the leaves beyod statutory limit.
Further you have not provided details regarding your Annual entitlement, carry forward details etc
nevertheless, you can use balance of leave in your credit for Shortfall in Notice Period or alternatively apply for leave encashment.Either Factories Act or Shops & Commercial Establishments Act is applicable in your case.Accordingly, you can take up the matter with Authority concerned

From India, New Delhi
Dear all, i really thank all for the response with respective to my post which my boss or hr not willing to listen after 15 yrs of total dedicated service.
In reality I am an ex sportsman who served for state and zone in my profession and you can find by Google search by typing a tale of untapped talent. I joined as a sportsman in 2002 which doesn't have any notice period first and serving in administrative line for 12 yrs.
Me already posted my full history of resignation in citehr which you can find in Regarding management staff resigning in public limited company. If someone can go through that it will be easier to discuss. The reason for mentioning my sportsman identity is to express my genuinity since it is scary to put my real identity here as where my hr go through and create more trouble. More than money which I lost many on the company line already my fight is more on saving my integrity with a clean exit to spend time with my mother and not for any other job or career. I need a detailed discussion with someone whether my fighting points are right.

From India, undefined
Dear Mr.Srinath. More than denying leave encashment in every annual year denying it to consider in waiving off for balance notice period or pay on exit is what wounding. Moreover they claim that all is applicable for workers and not for management staff. My leave credit from 2008 till now is as of every Jan is 41,42,51,51,51,50,60.5,75.5,88.5 and 92 in 2017 Jan and 35 in Oct 2017. My gross is 54k and basic is 12k. Served 36 days without pay hence 36*2 equals 72 days leaving 18 days having unclaimed previous close to 70000 of medical and conveyance. With all this they say I have to 250 RS. My one day wage is 1802 for calculation. Do you think I should conpromise with their calculation.
From India, undefined

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