I am currently serving notice period. My employer has refused to give leave encashment and said any leaves taken (from my remaining annual leaves) in the notice period will extend the notice period by the same number of working days.
From what I understand, under CHAPTER IV of The model Shops and Establishments (Regulation 0f Employment and Conditions of Service) Bill, 2016, it is necessary to allow employee to encash leaves on resignation.
Similary, under chapter IV of karnatak Shops and Establishments act:
If the employment of an employee who is entitled to leave under
sub-section (1) 1
[x x x]1
is terminated by the employer before he has taken the entire leave to which he is entitled or if having applied for and having not
been granted such leave, the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under
section 16 in respect of the leave not taken, and such payment shall be made, where the employment of the employee is terminated by the
employer, before the expiry of the second working day after such termination, and where an employee quits his employment, on or before the next pay day.
The employer has said its not in there policy so there is no way they will allow it. Please advice.
From what I understand, under CHAPTER IV of The model Shops and Establishments (Regulation 0f Employment and Conditions of Service) Bill, 2016, it is necessary to allow employee to encash leaves on resignation.
Similary, under chapter IV of karnatak Shops and Establishments act:
If the employment of an employee who is entitled to leave under
sub-section (1) 1
[x x x]1
is terminated by the employer before he has taken the entire leave to which he is entitled or if having applied for and having not
been granted such leave, the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under
section 16 in respect of the leave not taken, and such payment shall be made, where the employment of the employee is terminated by the
employer, before the expiry of the second working day after such termination, and where an employee quits his employment, on or before the next pay day.
The employer has said its not in there policy so there is no way they will allow it. Please advice.