Employer said that leave encashment is not part of the FnF settlement

Hi, I'm currently serving my notice period, and my LWD is 10th Apr 2024. After I submitted my resignation, my employer said that leave encashment is not part of the FnF settlement.
This policy was not informed at the time of the interview process, onboarding, or induction program, and it is not even in my offer letter or on the company policy site.
Please suggest to me what action I can take on this.

Encashment of unavailed/ balance of earned leave is a right conferred to the employees as per law. Therefore, if the employer says that they don't have such policy, it cannot be accepted. The F&F should invariably contain leave encashment subject to the relevant law as applicable to the establishment, ie, Factories Act or Shops..Act, as the case may be.

Hi,

Please ensure that some PL/EL balance is there in your leave account . PL or EL encashment is subject to leave balance.

You are on my notice period, and your last working day is 10th Apr 2024. Can you take leave till 09/04/2024.? If yes than take leave else ask them to give this in writing.

It is mandatory for an employer to encash the unavailed/ balance earned leave and the same should be paid at the time of F/F settlement. You may request your employer. Alternatively, you can raise your grievance with local Factory/ Shop and Establishment inspector.
R R Kapoor
Vadodara

If you are working in a factory it is mandatory. If you are in a commercial establishment check the provision in your states shop and commercial establishment Act.

Varghese Mathew
HRLaw Advisor
Tvpm .Mob-9961266966