Full & Final Settlement - Leave Encashment

Hi the answers given by Sunil is correct only thing is that you need to pay the bonus on the pro rata basis i.e calculate from his date of Joining till his last day in the company and yes dont forget to deduct his notice period pay from his f&f settlement.
Rohit Khopkar

Dear,
The provision of PL is that on each 20 working days 1 PL for adult & on each 15 days 1 PL for Child.
Jitender

Hi Prashant,
Answer to your querries are mentioned below:
1. Yes, he would be entitled for leave encashment as it is every employee's right to get that but it depends on company's policy whether to encash CL/SL. Ideally only EL are encashed.
2. Yes, he would be entitled for bonus as well, if mentioned in salary break-up in Appointment Letter.
3. Company has full right to deduct salary in lieu of not serving the notice period (only if mentioned in Terms n Conditions in Appointment Letter).
Kindly check his Appointment Letter before Full n Final settlement papers.
Regards
Akangi

Dear All,
As per Factory Act-1948, only EL can be encashed neither SL nor CL
This is for your information.
With Rgds
Jitender

Hi
1. reg to bonus need to pay the minimum amount of Rs.100 to maximum of Rs.2500/- for the resigned employees, For your safety pls read Pay of bonus act section 32. where some classes of employees not eligible for bonus.
2. IF you pay leave encashment you cannot deduct notice period from the leave salary. as per Factory's act section 79(12).
Sincerely,
Senthil

Hello Sir,
Whether this will applicable to the companies comes under shops and establishment act. Because we are not giving EL leave for the employees those are not complete 1 year service.
Your response.
Regards,
V.Arunkumar

Hi Arun
As for as employee is with your organisation you can go with your terms and conditon and law for 240days. But once employee comes for settlement you should provide his balance salary with EL which is applicable within 48hrs. eg. if employee worked less than 20days then there will not be any EL. This attracts both factory, shop & estabilshment. Thanks

1) Whether he should be entitled for leave encashment in Full & final account e.g. CL/SL ?
NO
2) Whether he should be entitled for Bonus ?
yes
3) if yes then how much i mean 8.33% or the declared one ?
min 8.33% or as per the company policy and can give even more than that.
4) he has not served notice period, am i have right to deduct the 1 month salary from leave or bonus payment.
yes ofcoure you have 100% right to to deduct notice although he has not served any notice
sampathkumar