Dear All,
As per Shop & Establishment Act in UP, an employee is entitled for 15 days of Earned leave after completing 12 months of continuous services (including holidays). I have following query in this context:
If an employee leaves the company before completing 12 months in the company say within 10 months of time then also his he eligible for EL & do company need to pay for EL on pro-rata basis (for the month served) in his full & final settlement.
As per existing policy in our company an employee is entitle for EL after completing 6 months of time in company. If he leaves company before that we do not pay him on account of EL but if he leaves after his confirmation i.e after 6 months then we pay him for EL for the month he has served in the company.
Thanks & looking forward to early response.
Regards,
From India, Delhi
3As per Shop & Establishment Act in UP, an employee is entitled for 15 days of Earned leave after completing 12 months of continuous services (including holidays). I have following query in this context:
If an employee leaves the company before completing 12 months in the company say within 10 months of time then also his he eligible for EL & do company need to pay for EL on pro-rata basis (for the month served) in his full & final settlement.
As per existing policy in our company an employee is entitle for EL after completing 6 months of time in company. If he leaves company before that we do not pay him on account of EL but if he leaves after his confirmation i.e after 6 months then we pay him for EL for the month he has served in the company.
Thanks & looking forward to early response.
Regards,
From India, Delhi
If an employee leaves the company before completing 12 months in the company say within 10 months of time then also his he eligible for EL & do company need to pay for EL on pro-rata basis (for the month served) in his full & final settlement. - Yes
As per existing policy in our company an employee is entitle for EL after completing 6 months of time in company. If he leaves company before that we do not pay him on account of EL but if he leaves after his confirmation i.e after 6 months then we pay him for EL for the month he has served in the company.
- No answer for illegal practice
From India, Pune
As per existing policy in our company an employee is entitle for EL after completing 6 months of time in company. If he leaves company before that we do not pay him on account of EL but if he leaves after his confirmation i.e after 6 months then we pay him for EL for the month he has served in the company.
- No answer for illegal practice
From India, Pune
Dear Prashant,
Thanks for your prompt response.
I agree ideally an employee should be getting leave or pay in lieu of that for the number of months he/ she has served in the company irrespective of his employment status in the company.
But I fail to understand from which angle it is illegal not to give EL to an employee if he leaves company before completing minimum 12 months of continuous service in the company. Also, no where in act it is mentioned that even if employee leaves company before completing his minimum 12 months of tenure in the company, he is entitle to get leave or payment for the period served in the company.
As per UP act, only CL is applicable from day one of joining & even SL is applicable after completing 6 months of service. Please clarify.
I would request other seniors too to throw some light on it.
Thanks,
From India, Delhi
Thanks for your prompt response.
I agree ideally an employee should be getting leave or pay in lieu of that for the number of months he/ she has served in the company irrespective of his employment status in the company.
But I fail to understand from which angle it is illegal not to give EL to an employee if he leaves company before completing minimum 12 months of continuous service in the company. Also, no where in act it is mentioned that even if employee leaves company before completing his minimum 12 months of tenure in the company, he is entitle to get leave or payment for the period served in the company.
As per UP act, only CL is applicable from day one of joining & even SL is applicable after completing 6 months of service. Please clarify.
I would request other seniors too to throw some light on it.
Thanks,
From India, Delhi
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