I have worked at a company for 7 months starting October-17 to and have given my notice period of 30 days (last working day in June) , however all my paid leaves are pending to be taken (given @ 20 per year). My employer has refused to give any compensation for balance leaves or allowed me to take leaves in my notice period. His argument is that the leaves are for those completing an year at the company and aren't provided on a pro-rata basis and leave encashment isn't a standard procedure.
But upon looking up online I found that leave encashment is a provision under the bombay shops and establishment act, but also found out that a company having less than 10 employees isn't required to register under the act and I suspect that's the reason my employer isn't willing to payout balance leaves. Is there any other legal provision for my leave encashment?
PS: Mine is a software company registered under the companies act in 2009.
From India, Mohali
But upon looking up online I found that leave encashment is a provision under the bombay shops and establishment act, but also found out that a company having less than 10 employees isn't required to register under the act and I suspect that's the reason my employer isn't willing to payout balance leaves. Is there any other legal provision for my leave encashment?
PS: Mine is a software company registered under the companies act in 2009.
From India, Mohali
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Taxability of leave encashment on resignation.doc