Umakanthan53
Labour Law & Hr Consultant
Bhartiya Akhil
Freelancer
Maulin Bhatt
Bcom, Llb - Hr Executive

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Hello Everyone ! Hope you are all doing well in this pandemic situation. I have a query regarding Leave Encasement.
I have worked in my previous company for 1.8 years. When I leave the company I have 17 leaves in leave balance. In that Company there are no rules regarding EL, CL, SL, all 21 leaves are considered as EL. In the appointment letter there also no clarification regarding leave encashment.
So in my full & Final settlement, the director refused to give leave encasement. So requesting to all you respected people to give suggestions on the same.

From India, undefined
Dear Maulin,
Unless you mention the type of the establishment where you worked last and the capacity of your job position such as workman, manager etc., one cannot answer your queries.
If the total leave of 21 days allowed in a year is not classified, how can you say that they are to be treated as EL only?

From India, Salem
Dear Sir, I was work there Executive HR and there were no any leave policy or anythings regarding the leave. They are given leave after 1 year of employment. so as we are consider as EL.
From India, undefined
Dear Maulin Bhatt,
This query on leave entitlement from other than HR professional would be appreciable. Hope you understood what I mean.
It is the HR only who suggest the company on various policy matters related to employees and their benefits, their entitlements. Convince the company to adopt it highlighting the repercussion if not adopted. For this HR must know the laws applicable to his employees. Your query is on basic law.
My advise to you, kindly pull out the Law pertaining to service conditions, law relating to leave. You will find the provisions in regards to leave and leave encashment in Factory Act or Shop and Estb Act. You need to find out first which law is applicable to you. If you are in Plantation, Mines or Docks then you need to pull out the respective Law applicable.
Read the provisions under the applicable Law. If you have any query reading it, please do not hesitate to ask.

From India, Mumbai
Dear Sir, Thanks for the revert on the same. My that company was family firm, and so that all the directors are apply their laws. And shops and establishment act is applicable.
From India, undefined
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