Non payment retirement benefit against 65 days leave encashment .
3 years ago
My service was transferred to its parent company at Denmark on 1st January 2012. But Indian office retained my 65 leave dues with them. Subsequently while working abroad, I attained my retirement age in August 2016 . Indian office is refusing to consider my last salary drawn in august 2016 at the time of retirement. They are insisting to consider at the time of transfer in December 2011 rather . And settlement is pending for more than 4 years.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.where you got salary and paid taxes decides.
your indian salary was paid after 2012 ? if not then indian job ended in 2012.
if you were on per-diem then your job continued in india.
but if you got transferred to denmark payroll and taxes then you became employee of denmark.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
your indian salary was paid after 2012 ? if not then indian job ended in 2012.
if you were on per-diem then your job continued in india.
but if you got transferred to denmark payroll and taxes then you became employee of denmark.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.hi,
The Half pay leave cannot be commuted fully to make up for the
shortfall in earned leave.
The cash equivalent to Leave Salary is admissible for number of days of earned leave and half pay leave at the credit on the last date of
service subject to the maximum of 300 days.
The Half pay leave cannot be commuted fully to make up for the
shortfall in earned leave.
The cash equivalent to Leave Salary is admissible for number of days of earned leave and half pay leave at the credit on the last date of
service subject to the maximum of 300 days.
Helpful
Helpful
Share
A.Hi,
Cash equivalent to Leave Salary is admissible for number of days
of earned leave and half pay leave at the credit on the last date of
service subject to the maximum of 300 days.
The Half pay leave cannot be commuted fully to make up for the
shortfall in earned leave.
Cash equivalent to Leave Salary is admissible for number of days
of earned leave and half pay leave at the credit on the last date of
service subject to the maximum of 300 days.
The Half pay leave cannot be commuted fully to make up for the
shortfall in earned leave.
Helpful
Helpful
Share
Read Related Answers
Seeking Legal Advice Regarding Employment Issue
Dear Client,
Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
Accountant in a production house
Dear Client,
The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
Not paid the April month salary
Dear Client,
In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
Salary deduction for not serving notice period
Dear Client,
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
Less Full and final settlement
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location