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killerg
13

Dear Seniors,
Greeting
I have a query regarding Leave Encashment. I want to know is there any law under labour law for encashment of leave in case of separation (resignation)? My company is registered under shop and establishment act.
Thank you
Gaurav

From United States, Baton Rouge
Prashant B Ingawale
467

Bombay Shop & Establishment Act
Chapter: Leave with Pay and Payment of Wages
Section 36: Pay during leave
Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for
the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of
overtime.

From India, Pune
umakanthan53
6018

Dear Gaurav,
It is not clear where you are employed - in the U.S.A or in India. As far as any establishment-specific Indian Labor Law is concerned, the monetary value of the unavailed portion of earned leave/leave with wages/privilege leave standing at the credit of the employee's leave account should be calculated on the basis of his last drawn salary and paid to him at the time of termination of his employment irrespective of its nature.

From India, Salem
Srinath Sai Ram
610

Dear Gaurav, Please peruse in detail relevant Shops & Commercial establishments Act under which your Company is registered.Balance of PL/EL in credit is eligible for leave Encashment consequent to resignation from Service
From India, New Delhi
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