I worked for a private company, XXX Life Care Equipment Pvt Ltd, for 5.5 years. After I left the job, I received my Full and Final (FNF) settlement and found a zero amount for my leave encashment. I have an annual leave balance of 30 days that I am supposed to be compensated for. My company has a policy of paying out leave encashment to former employees. However, when I contacted the HR team, they are refusing to pay my leave encashment balance, stating that no leave encashment policy was in place for previous employees.
Please advise me on my options for filing a complaint and provide assistance in this matter. My head office is in Maharashtra, and I worked in Telangana.
From India, Hyderabad
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Please advise me on my options for filing a complaint and provide assistance in this matter. My head office is in Maharashtra, and I worked in Telangana.
From India, Hyderabad
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We need to understand the nature of your firm (specifically whether factory or not), nature of your job, etc., to assess the legal position in this regard.
From India, Mumbai
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1593From India, Mumbai
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Entitlement to Leave Encashment
If your name is listed on the roster of the factory or the Corporate or Marketing Department that operates in a different location, in both cases, you are entitled to receive the encashment of earned leave at your credit on the date of termination of your employment. It is a statutory obligation of the employer, and no policy of their organization can contradict it.
Filing a Claim for Leave Encashment
If your last received salary was ₹24k or less, you can lodge a claim under Section 15(1) of the Payment of Wages Act, 1936, with the DLC for the respective area. If higher, a claim under Section 33-C(2) of the ID Act, 1947, can be filed with the Labor Court for the area where you were employed.
From India, Salem
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If your name is listed on the roster of the factory or the Corporate or Marketing Department that operates in a different location, in both cases, you are entitled to receive the encashment of earned leave at your credit on the date of termination of your employment. It is a statutory obligation of the employer, and no policy of their organization can contradict it.
Filing a Claim for Leave Encashment
If your last received salary was ₹24k or less, you can lodge a claim under Section 15(1) of the Payment of Wages Act, 1936, with the DLC for the respective area. If higher, a claim under Section 33-C(2) of the ID Act, 1947, can be filed with the Labor Court for the area where you were employed.
From India, Salem
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Leave Policy.doc