Previlage Leave

thakermit
We have accumulated 45 Previlage leave of our employees
now we want to encashment all previllage leave
is it possible as per the shops and Establishment Act and Factories Act ?
umakanthan53
Dear member,
I 've no idea as to which state's Shops & Estt Act applies to your estt. But I am sure that annual encashment of Privilege Leave or Leave with Wages in lieu of avail has not been provided for either in the State's Shops & Estt. Act( other than Tamilnadu- I am not sure) or the Factories Act,1948 except in the event of termination of the services of the employee.Moreover, the the maximum no of days of such leave that can be accumulated is limited to 24 in the former(in Tamilnadu) and 30 in the latter.However by virtue of the operation of the provisions of Sec.78 of the Factories Act, better terms in this regard under any other law or award or settlement or contract of employment are permissible.Periodical or annual encashment of such leave can be considered more beneficial to both the employer and the employees.Better arrive at a bilateral settlement in this regard u/s 18(1) of the I.D Act,1947.
fc.vadodara@nidrahotels.com
First of all let us know whether your company comes under Factories Act or under Shops & Establishment Act, which state your company belongs too so as to give views
thakermit
We are In Gujarat and have two different location one applicable Factory Act, 1948 and one is in Ahmedabad Shops & Establishment.
fc.vadodara@nidrahotels.com
As per Bombay Shops & Establishment Act 1948, the employee can get the leave encashed at the time or retirement/resigning the job, for the accumulated leave as per Section 35.
As told by Mr. Umakanthan there is no provision of encashment written in Factories Act.
ridesh
Dear Sir,
Can any one help me if Employee completed 24o days of service ( Joined on 01jan last working day on 31 oct) entitle for PL.
Regards,
Ridesh
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