Hi all, Need more clarity on if the leave encashment should be done on basic salary of gross salary..:confused:,is there anywhere one can refer this???
From India, Bangalore
dear law is not clear on this whether it should be paid on basic or gross. so you make your own policy in this regard but most of the company pay it on basic. tks j s malik
From India, Delhi
Thank u so much for your quick response,,,
needed one more clarification... when an employee goes on leave we do not deduct on the basic salary,, then why is the leave encashment calculated on the basic salary??

From India, Bangalore
dear
i told you law is not clear on this ,you can make your internal policy and some companies pay leave encashment on full salary also.
but as you asked justification if someone goes on leave we give him on full salary where as if he takes encashment we give them on basic.
why company should pay allowances,HRA is already paid to him than why he is required to pay again in encashment.but employer take benefit of act
as it is not clear.
tks
j s malik

From India, Delhi
Hi Dear
I do agree with Mr. Malik completely as there is no rule & law for leaves it is internal company policy like in my previous compny it used 2 b calculated on basic & here in my prsent company it is calculated on ctc so again it depends.
Hope its clear to u
Anu

From India, Delhi
Hi Dear malik sir,
here i atteched a challana copy prepearing excel sheet. is it correct or not please replay me, and in a year have how many leave we calculate, actualy i have no knowledge of the leave information.
your
jogindra

From India, Mumbai
Attached Files (Download Requires Membership)
File Type: xls Challan.xls (287.5 KB, 383 views)

We can have better clarity if we refer Bombay Shops Shops and establishment act 1948 in Chapter VII Leave with Pay and Payment of Wages - sec 35(2) Leave and sec 36 Pay during leave.
Thanks & Regards,
Asitosh Sharrma

From India, Pune
Hi all, isn’t there a recent Supreme court ruling that the Leave encashed on resignation is to be paid in full and not on basic salary?? Any one has idea on this???
From India, Mumbai
Dear All, In our establishment, We are following Leave Calculations based on Basic Salary. The Calculation is derived as on below, = Basic/30*No. of Days. Thanks Jana
From India, Jhajjar
Saugi - Mr. Malik has rightly clarified that the basis of paying Leave encashment (and also recovering Notice period) is the Company's prerogative. There is no binding of any law here. Hope this helps.
From India, Delhi
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