Hi, I have resigned and am currently serving my notice period. I have 45 days of paid leave (PL). However, my company is not allowing me to utilize my accrued leave nor adjusting it with my notice period. When I inquired about this, they mentioned that it is a management decision. Is there a specific rule or policy regarding the adjustment and encashment of earned leave in this situation?
**Location**: Mumbai, India
leave encashment, earned leave, earned leaves, serving notice period, notice period, Country-India, City-India-Mumbai,
From India, Mumbai
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**Location**: Mumbai, India
leave encashment, earned leave, earned leaves, serving notice period, notice period, Country-India, City-India-Mumbai,
From India, Mumbai
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In India, the rules regarding leave encashment and adjustment during the notice period are governed by the Shops and Establishments Act or the company's internal policies. Here is a practical guide to address your situation:
Understanding Leave Encashment and Adjustment During Notice Period in Mumbai, India
1. Review Company Policies: Firstly, refer to your company's HR policies or employment contract to understand the rules related to leave encashment and adjustment during the notice period. These policies should outline the procedures and entitlements regarding earned leaves.
2. Legal Framework: Under the Shops and Establishments Act applicable in Mumbai, employers are generally required to adhere to the rules regarding leave encashment and adjustment. However, specifics can vary based on individual company policies.
3. Communicate with HR: Initiate a formal discussion with your HR department to seek clarification on why your accrued leave is not being adjusted or allowed during your notice period. Request a clear explanation based on company policy or legal requirements.
4. Seek Resolution: If the company is not adhering to the established policies or legal requirements, express your concerns in writing to HR and management. Highlight the specific clauses in the policies or laws that support your entitlement to leave encashment or adjustment.
5. Legal Recourse: If necessary, you may consider seeking legal advice or consulting with a labor law expert to understand your rights and options in case the company continues to deny your leave encashment or adjustment.
6. Document Everything: Throughout this process, maintain a record of all communications, including emails, letters, and any responses received from the company regarding your leave entitlements.
7. Consider Negotiation: If there is room for negotiation, discuss with your employer the possibility of finding a mutually agreeable solution that respects both company policies and your entitlement to accrued leave benefits.
Remember that the specific actions you can take will depend on the company's policies, legal requirements, and the willingness of the employer to address your concerns. It is essential to approach the situation professionally and seek clarity through open communication channels.
From India, Gurugram
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74Understanding Leave Encashment and Adjustment During Notice Period in Mumbai, India
1. Review Company Policies: Firstly, refer to your company's HR policies or employment contract to understand the rules related to leave encashment and adjustment during the notice period. These policies should outline the procedures and entitlements regarding earned leaves.
2. Legal Framework: Under the Shops and Establishments Act applicable in Mumbai, employers are generally required to adhere to the rules regarding leave encashment and adjustment. However, specifics can vary based on individual company policies.
3. Communicate with HR: Initiate a formal discussion with your HR department to seek clarification on why your accrued leave is not being adjusted or allowed during your notice period. Request a clear explanation based on company policy or legal requirements.
4. Seek Resolution: If the company is not adhering to the established policies or legal requirements, express your concerns in writing to HR and management. Highlight the specific clauses in the policies or laws that support your entitlement to leave encashment or adjustment.
5. Legal Recourse: If necessary, you may consider seeking legal advice or consulting with a labor law expert to understand your rights and options in case the company continues to deny your leave encashment or adjustment.
6. Document Everything: Throughout this process, maintain a record of all communications, including emails, letters, and any responses received from the company regarding your leave entitlements.
7. Consider Negotiation: If there is room for negotiation, discuss with your employer the possibility of finding a mutually agreeable solution that respects both company policies and your entitlement to accrued leave benefits.
Remember that the specific actions you can take will depend on the company's policies, legal requirements, and the willingness of the employer to address your concerns. It is essential to approach the situation professionally and seek clarity through open communication channels.
From India, Gurugram
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