Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

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Hi,
I need advice and guidance on a matter of earned leave.
My ex employer has denied paying me for my earned leaves stating that under company policy it is not allowed to en-cash the earned leaves for people who have stayed less than a year in the company.
My query is if this is a legal and valid policy to implement.
Also no such condition is mentioned in my offer letter and they are also not sharing the policy document with me. on the premise that I am an ex employee now and I cannot have access to company policies.
Please guide and help.

The poster should have mentioned the type of the establishment he was employed.
Anyway whatever be the establishment and the name of the accruable leave statutorily due for encashment in case of termination of employment - E.L,P.L or Annual Leave with Wages, its calculation and credit arise only in the second consecutive year of service in the same establishment on the basis of the no. of actual days worked during the previous year.
Therefore if the poster has worked in the establishment for less than a year i.e less than 240 days, the contention of the employer would be correct.

Hi all,
I worked in my previous organization for more than 2 years and I was terminated because of some reasons. I had 15+ Els in my account while leaving. Please suggest me whether I am eligible to get paid against those earned leaves or not.
The organization is dealing in financial solution providing to their clients and the office is in Navi Mumbai, Maharashtra, India.
Regards,
NVN.

Since your services were terminated by the employer, the employer has the responsibility to give encashment of leaves accrued by you, while making F&F settlement.
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