Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Murtybd
Hr Professional
Renu10
Asst Engineer

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I'm working in a private limited company .As my company is going to close in few months.But i have a two months earned leave. They are not willing to pay the amount to the employees. Is there any act in Labour Rules to get my leave encashment.Pls guide me.
Thank You ..

Encashment of leave is purely a subject matter and shall be as per Leave encashment policy of your company. Normally in private companies leave encashment will not be made, except very established companies like Ashok Leyland, ITC, TATA... etc.
Try to speak your company's HR and seek his help. May be he can opt some ways which can help you.

Dear Renu,
If you are a 'worker' u/s 2(l) of the Factories Act, 1948 or a 'person employed' under any State Shops and Establishments Act, the EL/PL at credit subject to the statutory accumulation limit respectively forms part of the terminal benefit. Therefore, encashment of EL on the termination of employment for whatever reason is mandatory only in case of termination of such category of employees.
In any other case, it depends on the terms of the contract of employment or the policy of the organization.

As rightly discussed above, there is no specific relief for you under law if you are categorized as officer or executive. However, you may approach your CEO or Operations head to get clarity on this matter. Unless the company is ethically strong, these matters are not transparently kept by many companies.
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