Anonymous
1

I was in a managerial position and at the time of my resignation, the private company where I was working paid only basic amount towards my leave encashment. The Maharashtra Shops and Establishment Act, 2017 says that any leave encashment is subject to FULL wages.
Please clarify the legal position and also whether the said Act is applicable to me even though I was in a manager position there?

From India, Pune

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cms.sureshhr
12

Dear Sir,
As per leave encashment section 79 of factory act 1948. One leave earned after 20 days of working. so that leave paid equal to one day equivalent payment. But leave act mention on wages basis. the wages mean basic + DA . Secondly it depends on the company standing order. All the decision as per company standing order. if wages mention that is right otherwise wrong.

From India, Pune
Anonymous
1

Thank you for the clarification. But I am not governed by the Factories Act so as Standing Orders. I was governed by the Shops & Establishments Act. Kindly advise in the light of this fact.
From India, Pune

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