Dear Ask Me
Logically it should be mentioned in your employment conditions that so many days of earned leave is authorised in a year , out of which you can encash say 50% /20% or 10% then it becomes a legal binding otherwise one can't claim.It is an additional facility given to employees must be recorded in standing orders if applicable eg central Govt employees can encash up to 300 days ONLY beyond that it is lapsed.
Thanks & Regards
Ashok malik

From India, New Delhi
Pl go through the definition of employeeunder the factories act or state factory rules; which clearly says that even the managers are employee under the factories acti.e. even if you are not covered under the standing order or out of the purview of the standing orders or even if in the service rules applicable to you, you are employee under the factories act/rules. Section 79 is applicable to you. The best resource is write a letter to labour department regarding violation of actories act/rules clearly mentioning violation of section 79. this is the only quick way to get the payment.
thanks
ak malhotra
sr general manager

From India, Guwahati
Dear HR Colleagues,
Please guide me on the following issue:
Employee has resigned from service and his leave has never been refused during service.
Once the person submits resignation, leave balance at credit gets freeze and he is neither
allowed to avail leave during notice period nor given encashment of balance leave.
This organisation is one of the Government Undertakings and is governed by Bombay Shops & Establishment Act.
What is the legal stand on this. Your early responses will help me a lot.

From India, Mumbai
Would like your esteemed opinion in the case of organisations which are registered societies, also exempted under 80G of income tax act - we have as per our rules - epf, leave and leave accumulation but not leave encashment. we are also registered under shops and establishments. Is leave encashment at the time of resignation and retirement a right of employees as per Indian labour law?
Please advise.

From India, Bhopal
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