Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Mikman
Salaried

Hi All,
My company has sent me on leave without pay for an undisclosed time.During this period,I shall not be getting any salary.When I offered to resign and showed my willingness to serve the notice period, company HR refused to entertain this.He simply said if you resign today,you will be relieved today itself without any notice period salary.Also no EL encashment will be given.
I want to know your advice on this as this has completely devastated me and my family during this tough time.Plz advise.

From India, New Delhi
While we have our sympathies with you, the action of the company appears to be high handed and is surely devastating to you and family. To send anyone on long leave without pay is a misnomer and it is neither here nor there. When company sends one on leave, it is necessary that it pays, the employee has to subsist and the family has to survive. Government does this very regularly and the employees are paid. Their leave is protected. As regards no Earned leave encashment in case you resign, this rule is there in many organisations. So you first encash leave, look for suitable employment elsewhere, and on getting it you may submit resignation.
From India, Mumbai
Sorry, I am at a loss to understand the facts narrated in the post. Leave implies in the first place a formal request by the employee through a written leave application mentioning the kind of leave at his credit and the specific period of leave; If it is a long leave without pay means, he does not have any leave at credit to the extent of the spell applied for. Such an arrangement is possible if the purpose of the leave applied for is genuine and urgent and the employer is very considerate. But the statement " My company has sent me on leave without pay for an undisclosed time " indicates that the poster was asked to go on compulsory leave only and not at his request. So far as I know, if the employee is covered by any establishment-specific Labor Law, encashment of E.L at the time of termination of employment including resignation is statutorily permissible. The contrary practice mentioned by Mr.KK!HR is possible only in respect of other employees that too depending on the leave rules applicable to such higher cadre.

Therefore, more inputs are required from the poster like his capacity of employment, the circumstances leading to his compulsory leave on loss of pay for an indefinite period etc.

From India, Salem
@Umakanthan Sir. I have leaves in my credit (both CL,SL and EL). Neither have I asked to go on leave myself.This is a forced leave that I have been sent on by the company.They are also not giving any timeframe in which they intend to call me back on active employment.Please suggest what options I have to recover my notice pay salary as well as EL encashment.
From India, New Delhi
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