Please clarify about leave encashment rule after resignation or termination from Limited company. Leave Balance 180 days in 9 years job.
From India, Bhubaneswar
From India, Bhubaneswar
Hi Buddy,
An employee can encash his/her Outstanding Earned Leave (EL) at the time of resignation or termination. However, the Factories Act specifies that an employee cannot accumulate more than 30 days of EL.
If the company policy allows an employee to accumulate more than what is stated in the act, then you may be eligible to encash the outstanding leave in your account when leaving the company.
With Regards,
Mr. Thumbs Up
From India, Chennai
An employee can encash his/her Outstanding Earned Leave (EL) at the time of resignation or termination. However, the Factories Act specifies that an employee cannot accumulate more than 30 days of EL.
If the company policy allows an employee to accumulate more than what is stated in the act, then you may be eligible to encash the outstanding leave in your account when leaving the company.
With Regards,
Mr. Thumbs Up
From India, Chennai
Dear, leave encashment is provided to employees only if there are accumulated PL/EL in their leave account. Permissible leave encashment shall be governed by the policy of your company. Most companies don't allow the accumulation of leaves for more than 3 years. If it exceeds 3 years, either the excess leaves may get lapsed automatically or may be encashed on your request. However, it varies from company to company. Encashment is calculated based on the average salary of the last 10 months. Here, salary means Basic + DA + any commission as a % of turnover.
Please note, leave encashment will be settled with the full and final amount and is taxable in case of resignation and non-taxable in case of retirement/superannuation.
Regards.
From India, Delhi
Please note, leave encashment will be settled with the full and final amount and is taxable in case of resignation and non-taxable in case of retirement/superannuation.
Regards.
From India, Delhi
My company (simplex infrastructures limited) refuse to encash credited privilege leave after resignation as it is a construction company.
From United Kingdom, undefined
From United Kingdom, undefined
Dear Chhetry,
Please go through the following links for some related information: https://www.citehr.com/107968-leave-...r-act-pg3.html. I'm not sure whether yours is a construction company. Which act applies to you? Are you registered under the Factories Act or the Contract Labour (CA) Act? If you are working at a site, please find out which act is applicable for such works in Odisha. You have to provide relevant information about your company so that we can guide you on this.
From India, Bangalore
Please go through the following links for some related information: https://www.citehr.com/107968-leave-...r-act-pg3.html. I'm not sure whether yours is a construction company. Which act applies to you? Are you registered under the Factories Act or the Contract Labour (CA) Act? If you are working at a site, please find out which act is applicable for such works in Odisha. You have to provide relevant information about your company so that we can guide you on this.
From India, Bangalore
There is no rule for leave encashment in the Factory Act. You may also refer to the Industrial Act of 1947, Section 25-C & E of Sec-80. There is no provision to pay in cash for your leave, but you may cash it out according to your company policy, whether it is divided by 26 or 30.
From India, Ghaziabad
From India, Ghaziabad
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.


105