Contract renewal and Earn leave encashment.
1 month ago
I am working in a school as a science lab attendant in contractual basis contractual period of 3 years from last 16 years. First 12 years of my service period my employer auto renewal my service. But from 2020 my employer denied auto renewal and force me to sit for interview but didn't reduce my salary. Again in 2023 me employer denied auto renewal and I sit for interview and this time too, it didn't reduce my salary. Now the new problem they are creating with our earn leave. As our school practice earn leave was encashed to any employee whether contractual or regular only when they resigned or retired and amount was calculated and given on last salary withdrawn. But now they are forcing to all the contractual employee to accept and encash all the earn leave till date with back claculation and not with the last salary withdrawn. It reduces the amount we received to almost half to what we actually suppose to receive.
Respected sir, my question are-
1) After 12 years my service forcing me to sit for interview is legal or illegal ? If it is illegal then what can I do to save my interest ?
2) Is the way company is giving us earn leave is legal? If it is illegal then again what can I do to save my interest?
please guide as I am realy in great trouble and don't know what to do . It is very grateful to you sir.
Contractual workers are subject to the terms and conditions of their employment which can be altered or revised by the Contractor which is their prerogative and if such alteration protects the wages of the workers. Calculation of leave encashment at the reduced rate instead of the last rate of wages/salary is not permissible under the law and is considered an unfair labour practice on the part of the Contractor. Reach out to the office of the concerned Labour Commissioner and file a complaint to the concerned Labour Enforcement Officer(LEO) who is the Inspector under the Payment of Wages Act, 1936 to resolve the dispute.
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