How Should I Handle a Director Refusing Leave Encashment During Final Settlement?

Hello everyone! I hope you are all doing well in this pandemic situation.

Query regarding leave encashment

I worked in my previous company for 1.8 years. When I left the company, I had 17 leaves in my leave balance. In that company, there are no specific rules distinguishing between EL, CL, and SL; all 21 leaves are considered as EL. The appointment letter also lacks clarification regarding leave encashment.

During my full and final settlement, the director refused to provide leave encashment. Therefore, I am requesting suggestions from all you respected individuals on the same.

Dear Maulin, unless you mention the type of establishment where you last worked and the capacity of your job position, such as workman or manager, one cannot answer your queries. If the total leave of 21 days allowed in a year is not classified, how can you say that they are to be treated as EL only?

Dear Maulin Bhatt, this query on leave entitlement from someone other than an HR professional would be appreciated. I hope you understand what I mean. It is the HR's role to advise the company on various policy matters related to employees, their benefits, and entitlements. HR should convince the company to adopt these policies, highlighting the repercussions if they are not adopted. To do this, HR must be knowledgeable about the laws that apply to employees. Your query pertains to basic law.

My advice to you is to locate the laws concerning service conditions and leave. You can find provisions regarding leave and leave encashment in the Factory Act or the Shop and Establishment Act. First, determine which law applies to your situation. If you work in a plantation, mines, or docks, you should refer to the respective applicable law.

Read the provisions under the relevant law. If you have any questions about it, please do not hesitate to ask.