Dear Sir,
I was employed with Kailash Shipping Services Pvt Ltd, New Delhi branch. I worked from July 2008 till September 2013 (Five years)after the company entered into an merger agreement with Apollo Figge Pvt Ltd, a subsidiary of Apollo Tyres Ltd. When the branch was set up our management insisted on getting the branch registered with the labour department under the Delhi Shop & Establishment Act 1954 which was duly agreed and a certificate to this effect obtained from the concerned authorities.
when I resigned from my services I applied to my organization for encashment of my paid leave entitled as per the provisions of the provisions laid under the Delhi shop & Establishment Act 1954, and requested the organization to release the encashment amount for 60 days accumulated leave. My organization. Despite my several reminders & requests my employers has neither responded to any of my mails nor has released my due funds. On telephonic query I was informed that the company does not have any such policy in place which was never informed to me in advance.
Kindly advice how can I recover my dues from my employers.
I look forward to your valued guidance.
From India, Delhi
I was employed with Kailash Shipping Services Pvt Ltd, New Delhi branch. I worked from July 2008 till September 2013 (Five years)after the company entered into an merger agreement with Apollo Figge Pvt Ltd, a subsidiary of Apollo Tyres Ltd. When the branch was set up our management insisted on getting the branch registered with the labour department under the Delhi Shop & Establishment Act 1954 which was duly agreed and a certificate to this effect obtained from the concerned authorities.
when I resigned from my services I applied to my organization for encashment of my paid leave entitled as per the provisions of the provisions laid under the Delhi shop & Establishment Act 1954, and requested the organization to release the encashment amount for 60 days accumulated leave. My organization. Despite my several reminders & requests my employers has neither responded to any of my mails nor has released my due funds. On telephonic query I was informed that the company does not have any such policy in place which was never informed to me in advance.
Kindly advice how can I recover my dues from my employers.
I look forward to your valued guidance.
From India, Delhi
As per section 22 of Delhi Shop & Establishment Act, any employee who has completed the continous service of one year shall be entitled to 15 days of previlaged leave (PL) and 12 days of CL/SL.
the maximum accumulation for PL shall be 3 times of total leave means 45 days.
in case of any employee discharged/ or quit employment unavailed accumulated PL shall be encashed at the rate of full wages to the employee.
Send a polite mail by refering to above provision. it does not depend on any policy or internal rules/guideline etc of the company. Its a mandatory requirement of law for which every employee shall be entitled and shall be duly complied by every establishment.
if it acts would be fine, otherwise you can approach labour authorities or even you can file a complaint before the Metropolitan Magistrate for violation of above provision, as per provisions of said Act MM is also empowered to take cognizance of the same on compliant recieved from the aggreived person under the Act.
87the maximum accumulation for PL shall be 3 times of total leave means 45 days.
in case of any employee discharged/ or quit employment unavailed accumulated PL shall be encashed at the rate of full wages to the employee.
Send a polite mail by refering to above provision. it does not depend on any policy or internal rules/guideline etc of the company. Its a mandatory requirement of law for which every employee shall be entitled and shall be duly complied by every establishment.
if it acts would be fine, otherwise you can approach labour authorities or even you can file a complaint before the Metropolitan Magistrate for violation of above provision, as per provisions of said Act MM is also empowered to take cognizance of the same on compliant recieved from the aggreived person under the Act.
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
PF clarification on leave encashment.jpg