Am I Eligible for Leave Encashment After Policy Change and Forced Exit?

Hi Sir,

As I joined in October 2012, but after a few years, the leave encashment policy was discontinued, around 2014, and I left the company in September 2017. Am I eligible for leave encashment? Also, they forced me to leave the company as they automated my process for the client.

Thanks,
Baljeet

Dear Mr. Baljeet,

You are eligible for Leave Encashment for the balance of leave in your credit, including pro-rata credit till Sep 2017. You have not mentioned the number of days of leave in your credit. Also, you have not mentioned your company location. Please be serious while posting your query. You have also stated that you were forced to quit. Have you been paid the notice period salary as per the terms of appointment? What were you appointed as?

Thank you.

So, can I take legal action as they were not encashing my leaves?

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The corrected text:

So, can I take legal action as they were not encashing my leaves?

So, can I take legal action against them as they are not encashing my leaves? My office location is Mohali. How do I take legal action against them? What is the procedure?

Dear Mr. Sandhuji,

You can address the matter regarding the non-payment of leave encashment for the balance of EL/PL in your account following your resignation with your employer. Later, you can submit your petition to the jurisdictional Labour Officer.

As per Section 14 of the Punjab Shop & Establishment Act, 1958, I presume it is applicable in this matter. An employee leaving the service is entitled to leave salary for the unavailed leave. You can approach the local Labour Authority under the Act to resolve the matter.