I joined my previous company on 12-Aug-13, and my last working day was 31-Jul-14. My company has an Earned Leave policy, which states that an employee is eligible if they have more than 240 working days, and that earned leave will be credited post completion of 1 year. Now, my concern is that I have worked more than 240 days but fell short of 12 days in completing 1 year. Will I be eligible to get earned leave? Kindly help me with this.
Regards
From India, Dharwad
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Regards
From India, Dharwad
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You are aware of the relevant rule on the subject; hence, the question under reference should not arise. However, you may discuss with your management to consider your case sympathetically and condone the short period of 12 days, releasing the pay for the leave period if they agree.
Regards,
S.K. Johri
From India, Delhi
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86Regards,
S.K. Johri
From India, Delhi
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As S K Johri has aptly answered your query, 12 days shortfall does not hamper your eligibility criteria as such, so be patient and request the management.
From India, Ahmadabad
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From India, Ahmadabad
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Eligibility for Earned Leave Under the Factories Act
As per the Factories Act, to be eligible for Earned Leave, one should work for 240 days. If there is a shortfall of even one day, one will not be eligible according to the act. However, management can consider going beyond the Act and allow it if necessary.
If management considers this, it will set a precedent for everyone who falls short of the 240-day requirement. This could lead to another dispute unnecessarily initiated by the management.
From India, Hyderabad
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As per the Factories Act, to be eligible for Earned Leave, one should work for 240 days. If there is a shortfall of even one day, one will not be eligible according to the act. However, management can consider going beyond the Act and allow it if necessary.
If management considers this, it will set a precedent for everyone who falls short of the 240-day requirement. This could lead to another dispute unnecessarily initiated by the management.
From India, Hyderabad
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Mr. Ajith Kumar P is eligible for earned leave. The 240 days criteria are in force where a workman works the whole calendar year; otherwise, if one works at least 2/3 of the working days, it makes him eligible for earned leave at one day's leave after every 20 days of working.
Leave Accrual and Encashment
Secondly, the leaves earned in the preceding year are credited and can be availed in the succeeding year. However, in the case of full and final settlement, the management is bound and liable to encash the earned leaves so accrued. Any policy of the management, whether accepted by the workman, cannot supersede the applicable provisions of the relevant law of the land.
Regards,
P. K. Sharma
From India, Delhi
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Leave Accrual and Encashment
Secondly, the leaves earned in the preceding year are credited and can be availed in the succeeding year. However, in the case of full and final settlement, the management is bound and liable to encash the earned leaves so accrued. Any policy of the management, whether accepted by the workman, cannot supersede the applicable provisions of the relevant law of the land.
Regards,
P. K. Sharma
From India, Delhi
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Please allow me to engage in some technical hair-splitting here.
The Factory Act states that at the time of termination, the workman is entitled to encashment of leave in his credit. In this case, the leave is credited when he completes one year; therefore, at the time of termination, he has no leave credited to his account. Consequently, he is not eligible for encashment. Therefore, the management has full liberty to deny the same.
Eligibility for Earned Leave
Dear All, Mr. Ajith Kumar P is eligible for earned leave. The 240-day criteria are in force where a workman works the whole calendar year; otherwise, if one works at least 2/3rd of the working days, it makes him eligible for earned leave at one day's leave after every 20 days of working.
Additionally, the leaves earned in the preceding year are credited and can be availed in the succeeding year. However, in the case of full and final settlement, the management is obligated to encash the earned leaves, and any policy of the management, whether accepted by the workman or not, cannot supersede the applicable provisions of the relevant law of the land.
Regards,
P K Sharma
From India, Mumbai
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The Factory Act states that at the time of termination, the workman is entitled to encashment of leave in his credit. In this case, the leave is credited when he completes one year; therefore, at the time of termination, he has no leave credited to his account. Consequently, he is not eligible for encashment. Therefore, the management has full liberty to deny the same.
Eligibility for Earned Leave
Dear All, Mr. Ajith Kumar P is eligible for earned leave. The 240-day criteria are in force where a workman works the whole calendar year; otherwise, if one works at least 2/3rd of the working days, it makes him eligible for earned leave at one day's leave after every 20 days of working.
Additionally, the leaves earned in the preceding year are credited and can be availed in the succeeding year. However, in the case of full and final settlement, the management is obligated to encash the earned leaves, and any policy of the management, whether accepted by the workman or not, cannot supersede the applicable provisions of the relevant law of the land.
Regards,
P K Sharma
From India, Mumbai
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Leave Policy.doc