Hi Fellowmates,
I would like to know how I can benefit from encashing my PL/AL, which is in my account but has a carryover limit of 45 days after Dec 2010 and starts with a fresh account since January 2011. I am planning to move out of my current organization by January. Would it be better if I do it by December itself to take advantage of encashing the leave, which will lapse by January anyway? I request your suggestion on the same.
Thanks,
Kalash
From India, Bangalore
Acknowledge(0)
Amend(0)
I would like to know how I can benefit from encashing my PL/AL, which is in my account but has a carryover limit of 45 days after Dec 2010 and starts with a fresh account since January 2011. I am planning to move out of my current organization by January. Would it be better if I do it by December itself to take advantage of encashing the leave, which will lapse by January anyway? I request your suggestion on the same.
Thanks,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Admin/Moderator, I don’t know why there is no reply for my query for a long time. Do I need to post it differently?Kindly suggest. Thanks, Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Kalash,
The accumulation of EL/PL depends upon the applicability of the Act upon the establishment or on the earned leave rules/policy which is in force at the time of leaving the organization. The calculation of leave will also be provided by the Act. Therefore, go through the Act or rules which are applicable in your case.
R.N.KHOLA
(M) 09810405361
From India, Delhi
Acknowledge(0)Amend(0)
422The accumulation of EL/PL depends upon the applicability of the Act upon the establishment or on the earned leave rules/policy which is in force at the time of leaving the organization. The calculation of leave will also be provided by the Act. Therefore, go through the Act or rules which are applicable in your case.
R.N.KHOLA
(M) 09810405361
From India, Delhi
Acknowledge(0)Amend(0)
Dear Mr. Khola,
Thank you for your reply. I am currently in the notice period. I would like to know if I am eligible for gratuity, as I will have completed 4 years and 10 months by the end of my notice period. I have read that 4 years and 240 days of working in the fifth year make one eligible for gratuity. Kindly advise. Additionally, I seek clarification on whether I can benefit from tax exemption if I close my PF account after completing my notice period. I understand that one is eligible only after 5 years of service. Please provide your suggestions.
Thank you in advance.
Regards,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for your reply. I am currently in the notice period. I would like to know if I am eligible for gratuity, as I will have completed 4 years and 10 months by the end of my notice period. I have read that 4 years and 240 days of working in the fifth year make one eligible for gratuity. Kindly advise. Additionally, I seek clarification on whether I can benefit from tax exemption if I close my PF account after completing my notice period. I understand that one is eligible only after 5 years of service. Please provide your suggestions.
Thank you in advance.
Regards,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Kalash,
Strictly according to the Payment of Gratuity Act, 1972, we are not entitled to receive any gratuity without completion of five years of continuous service with the same employer whose establishment is covered under this Act. However, in the year 1996, a judgment was announced by the Hon'ble Madras High Court, which appears in the Labour Law Reporter as '1998 LLR 1072'. According to this judgment, an employee is entitled to receive gratuity if he completes 240 days of work in the fifth year. The Controlling Authorities under the Payment of Gratuity Act in the Madras area are bound to accept this judgment. If the employer refuses to grant gratuity, then an employee may file a claim case and present this ruling before the relevant authority to see how the authority interprets this decision.
R.N.KHOLA
From India, Delhi
Acknowledge(0)Amend(0)
Strictly according to the Payment of Gratuity Act, 1972, we are not entitled to receive any gratuity without completion of five years of continuous service with the same employer whose establishment is covered under this Act. However, in the year 1996, a judgment was announced by the Hon'ble Madras High Court, which appears in the Labour Law Reporter as '1998 LLR 1072'. According to this judgment, an employee is entitled to receive gratuity if he completes 240 days of work in the fifth year. The Controlling Authorities under the Payment of Gratuity Act in the Madras area are bound to accept this judgment. If the employer refuses to grant gratuity, then an employee may file a claim case and present this ruling before the relevant authority to see how the authority interprets this decision.
R.N.KHOLA
From India, Delhi
Acknowledge(0)Amend(0)
Dear Mr. Khola,
Thank you for your update. I have informed our HR team, and they have forwarded this point to our legal team for validation. I will respond after receiving their feedback. Could you also provide me with a response to my query regarding PF, as mentioned in the same message?
Thanks and regards,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for your update. I have informed our HR team, and they have forwarded this point to our legal team for validation. I will respond after receiving their feedback. Could you also provide me with a response to my query regarding PF, as mentioned in the same message?
Thanks and regards,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mr. Khola,
I would like to update you that I have not received gratuity from my company, although I had mentioned the High Court judgment, etc., to the HR team. They referred it to our legal team, and they, in turn, advised HR, which has not been communicated to me yet. I received the PF amount deducting 30% for TDS and leaving the Pension Fund contribution. I asked for clarification, for which I was instructed to submit Form 19 and 10C once again. Please suggest how I should proceed now.
Should I pursue legal action, or is there another way to represent and obtain my gratuity? I had worked for 4 years and 10 months before being relieved.
Thank you,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
I would like to update you that I have not received gratuity from my company, although I had mentioned the High Court judgment, etc., to the HR team. They referred it to our legal team, and they, in turn, advised HR, which has not been communicated to me yet. I received the PF amount deducting 30% for TDS and leaving the Pension Fund contribution. I asked for clarification, for which I was instructed to submit Form 19 and 10C once again. Please suggest how I should proceed now.
Should I pursue legal action, or is there another way to represent and obtain my gratuity? I had worked for 4 years and 10 months before being relieved.
Thank you,
Kalash
From India, Bangalore
Acknowledge(0)Amend(0)
Hi,
I wanted to know how earned leave encashment is calculated, in 26 days or 30 days. As far as my knowledge goes, it is calculated in 26 days. However, recently, I have joined a new company where they were calculating it in 30 days. I objected to this, but they told me to show where it is written. I went through the Factory Act but did not find any concrete details. I consulted some HR people, and they mentioned that if the company has specific written leave rules, then payment can be based on 30 days as well.
Please suggest to me what is right! Is there any supportive document where I can prove it right? Contact me at tiwaryhr@gmail.com.
Regards,
Ganesh
From India, Jamshedpur
Acknowledge(0)Amend(0)
I wanted to know how earned leave encashment is calculated, in 26 days or 30 days. As far as my knowledge goes, it is calculated in 26 days. However, recently, I have joined a new company where they were calculating it in 30 days. I objected to this, but they told me to show where it is written. I went through the Factory Act but did not find any concrete details. I consulted some HR people, and they mentioned that if the company has specific written leave rules, then payment can be based on 30 days as well.
Please suggest to me what is right! Is there any supportive document where I can prove it right? Contact me at tiwaryhr@gmail.com.
Regards,
Ganesh
From India, Jamshedpur
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip
PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc