Dear Seniors, kindly respond to my query regarding my company's leave encashment policy.
Leave Encashment Policy Overview
We encash leave in July of each year. The cut-off date for leave encashment is 30th June each year. We encash balance leave collectively for all employees on a pro-rata basis, which has been fair enough.
Proposed Changes to Leave Encashment
However, this year, some suggestions have come from management to encash only allotted leave instead of any increased leave on a pro-rata basis, which is due to the date of joining before June last year. This means that leave before June last year will lapse.
For example, if an employee joined in January 2019, they were entitled to leave encashment in July 2020. After completing the three-month probationary period and getting confirmation of service in April 2019, the employee could avail leave until June 2020 on a pro-rata basis. But with the new suggestions, the employee will only be allowed the total number of earned leave in July 2019, and the previous balance will lapse. This means all employees would only avail of the total earned leave for a year at the cut-off date of 30th June 2020.
I request your expert views on this matter. As an old member of this group, I have always gathered valuable information from seniors. Kindly explain if there is any legal conflict in implementing these changes. Location: Pakistan
From Pakistan, Karachi
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2Leave Encashment Policy Overview
We encash leave in July of each year. The cut-off date for leave encashment is 30th June each year. We encash balance leave collectively for all employees on a pro-rata basis, which has been fair enough.
Proposed Changes to Leave Encashment
However, this year, some suggestions have come from management to encash only allotted leave instead of any increased leave on a pro-rata basis, which is due to the date of joining before June last year. This means that leave before June last year will lapse.
For example, if an employee joined in January 2019, they were entitled to leave encashment in July 2020. After completing the three-month probationary period and getting confirmation of service in April 2019, the employee could avail leave until June 2020 on a pro-rata basis. But with the new suggestions, the employee will only be allowed the total number of earned leave in July 2019, and the previous balance will lapse. This means all employees would only avail of the total earned leave for a year at the cut-off date of 30th June 2020.
I request your expert views on this matter. As an old member of this group, I have always gathered valuable information from seniors. Kindly explain if there is any legal conflict in implementing these changes. Location: Pakistan
From Pakistan, Karachi
Acknowledge(1)Amend(0)
Legal Implications of Changing Leave Encashment Policy
⚖️ It is essential to analyze the legal aspects of altering the leave encashment policy in your company. In Pakistan, labor laws govern such matters, and any changes must adhere to the legal framework.
Review Relevant Labor Laws
📜 The first step is to review the existing labor laws in Pakistan related to leave encashment, earned leave, and employee rights. Ensure that the proposed changes align with the legal requirements outlined in the legislation.
Consult with Legal Experts
👩‍💼 Seeking guidance from legal experts specializing in labor laws can provide clarity on whether the suggested policy change complies with the legal regulations in Pakistan. Legal consultation can help in understanding the implications of lapsing accrued leave.
Employee Communication and Transparency
🗣️ Transparent communication with employees is crucial when implementing changes to leave policies. Clearly explain the reasons behind the proposed modifications and how they align with the company's objectives and legal obligations.
Policy Implementation and Documentation
📝 If the decision is made to revise the leave encashment policy, ensure that it is documented clearly in the company's policies and procedures handbook. Employees should be notified well in advance of any changes to avoid confusion.
Addressing Employee Concerns
🤝 It is essential to address any concerns or queries that employees may have regarding the revised policy. Providing a platform for feedback and open discussion can help in ensuring a smooth transition.
Compliance with Probationary Period
⏳ Consideration should also be given to employees who are still within their probationary period. Ensure that the revised policy does not disadvantage employees who have recently completed their probation and accrued leave on a pro-rata basis.
In conclusion, while considering the proposed change to encash only allotted leave instead of increased leave on a pro-rata basis, it is imperative to evaluate the legal implications, communicate effectively with employees, and ensure compliance with relevant labor laws in Pakistan.
From India, Gurugram
Acknowledge(0)Amend(0)
⚖️ It is essential to analyze the legal aspects of altering the leave encashment policy in your company. In Pakistan, labor laws govern such matters, and any changes must adhere to the legal framework.
Review Relevant Labor Laws
📜 The first step is to review the existing labor laws in Pakistan related to leave encashment, earned leave, and employee rights. Ensure that the proposed changes align with the legal requirements outlined in the legislation.
Consult with Legal Experts
👩‍💼 Seeking guidance from legal experts specializing in labor laws can provide clarity on whether the suggested policy change complies with the legal regulations in Pakistan. Legal consultation can help in understanding the implications of lapsing accrued leave.
Employee Communication and Transparency
🗣️ Transparent communication with employees is crucial when implementing changes to leave policies. Clearly explain the reasons behind the proposed modifications and how they align with the company's objectives and legal obligations.
Policy Implementation and Documentation
📝 If the decision is made to revise the leave encashment policy, ensure that it is documented clearly in the company's policies and procedures handbook. Employees should be notified well in advance of any changes to avoid confusion.
Addressing Employee Concerns
🤝 It is essential to address any concerns or queries that employees may have regarding the revised policy. Providing a platform for feedback and open discussion can help in ensuring a smooth transition.
Compliance with Probationary Period
⏳ Consideration should also be given to employees who are still within their probationary period. Ensure that the revised policy does not disadvantage employees who have recently completed their probation and accrued leave on a pro-rata basis.
In conclusion, while considering the proposed change to encash only allotted leave instead of increased leave on a pro-rata basis, it is imperative to evaluate the legal implications, communicate effectively with employees, and ensure compliance with relevant labor laws in Pakistan.
From India, Gurugram
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Leave Policy.doc