Leave Encashment During Full And Final Settlement

Dear Clarification Seeker,

Encashment of Leave namely Casual Leave is wrongdoing as Casual Leave is not earned by anyone Employed Person yet considered to offset exigencies occurring / faced by the One who avails it and thus is never a legitimate claim. C L as the title suggests/ connotes is unforseen, unplanned occurrence to meet with the event.

Likewise, Sick Leave is to be considered to cover thee period of sickness supported by an appropriate Medical Certificate issued by a Registered Medical Practioner and as such not to be accumulated to be availed in a planned manner.

The precedence / past practice was a result of some Arbitrary Decision taken in a hurry giving rise to unhelpful / restrictive Work Practice.

It is Employer's (Management's) prerogative to take corrective action as soon as possible and be ready and willing to deal with dissension. Repeating Mistakes is no Management nor Healthy Employee Relations nor sustainable. Let us know if your Establishment / Organization has certain other drags for we are ready to HELP.

For further clarity,you may contact

Kritarth Team,
Pune Mobile Advisory, Bengaluru Service Center
info@kritarth.in / hksharan@kritarth.in
91 9560 453 756

14th Sept 2016

Hello all
Me and employee on the same situation as just resigned from manager role as administrative staff in factories act company. My service is 15 yrs and 8 months and my gross salary is 54070 and last unused leave of pl is 32 and as of Jan is 92. The thing my hr says that once resigned that all unused leave becomes zero as neither considered for waive off or encash and either serve or pay full gross.I served 36 days for which they hold salary and asked me to pay for 18 days having owing me close 80000 apart from leave. What I am supposed to do. For everything they say hr policy in oral.

I joined in private company on 16.05.2017 and left on 08.01.2018. I avail the leave encashment benifit as per rules.
Tarun

Hi Arun,
Your Co is a factory or Shops & Commercial Estt. Though you haven't completed one yr of service you will be eligible for proportionate EL/PL as per applicable law. And if you'll have unutilised leave in your leave a/c when you left after serving the notice period, you are entitled for leave encashment.