Terminated After 202 Days: Can I Claim My Unpaid Earned Leave Without a Contract?

A institute (degree college) terminated my service after 202 days but did not encash my earned leave. Can I claim for it?

There is no written agreement between the college and me. Salary is paid through a Bank Account.

As far as my knowledge goes, you cannot claim for the same. Leave is entitled only if an employee works for a minimum of 240 days with physical presence in the organization in the preceding year. Also, there is no proof that you have to prove that you were working with the organization as an employee.

Ankur, what was the leave policy of the college? There are many organizations that waive off the unutilized leaves. So, the payment is not made for the pending leaves at the end of the year. Check the policies before going ahead.

Dear Sir,

You can claim encashment of earned leave as per the leave rules. If you have any queries, please feel free to contact us.

Thank you.

Dear,

One EL = 20 working days. Please count your working days and divide by 20. Your leave will be calculated accordingly. A minimum of 240 working days is required to continue services. If an employee leaves any establishment, there are no conditions.

Dear, as per sections 79 and 80, leave encashment is applicable if an employee is terminated for any reason or resigns, making them eligible for earned leave. Leave can be waived off for casual leave (CL) and sick leave (SL) but not for earned leave (EL). If earned leave accumulates to 30 days within a consecutive three-year period, then the leave must be encashed and cannot be waived off.