I was working in one of the reputed MNC. I have put the resignation on 27/11/2020, at the time of resignation I was having 34 PL's in the system. My last day was 24th Feb 2021 (even having 34 PL's in the system on my last day 12 carried forward plus 22 new PL's added for 2021 on 1st Jan 2021). Usually, all the PL's needs to be utilized by 31st Dec 2020 otherwise it would lapse on 1st Jan 2021 and only 12 PL's were carried forward.

In my F&F, I had been provided the encashment of 15 PL's instead of 34 (12 carried forward plus 3 of Jan/Feb 2021). Now my concern was I was not allowed to take leaves in my Notice Period. In my opinion, the company should be liable to pay encashment for 34 PL's.

In there policy, there is no case mentioned like this. No clause of PL carry forward mentioned for one serving notice period. I argued and even requested any proof/ or policy where any clause mentioned for PL Carry forward for one serving NP. I also given warning and mail reminders to HR for clearing the dues (encashment) for remaining 19 days but they are not even responding. Thinking of serving legal Notice. Please share your thoughts.

From India, Ahmedabad
Labour Law & Hr Consultant

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Dear Dennis,

I am constrained to state that many people just post their queries pertaining to their employment rights and problems very briefly without the essential particulars of their employment. and yours is an another example.

Needless to say that employment rights and benefits of persons hired for wages/salary by industrial establishments vary according to the capacity of employment like workman, supervisory or administrative/managerial, the nature of the activities carried on by the establishment like manufacturing, sales, other consumer related services etc and the relevant provisions of the establishment-specific labor laws applicable. In this backdrop, an MNC can be anything - a factory, a shop a commercial establishment or a service provider etc and the nature of your job is not deductible from your post.
If the establishment is a factory and you are employed even as a manager whose work is directly connected with the manufacturing process, you are entitled to EL on its scale of accruel, accumulation and encashment on termination of employment like an ordinary workman under the Factories Act,1948. Some other establishment-specific labor laws do not apply to managerial cadre employees and in such case the contract of employment is the source of the rights and benefits of employment and breach in this regard has a different remedy.

Therefore, you better provide all your employment particulars which will enable us to suggest the line of remedial action to be chosen.

From India, Salem

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