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Non payment retirement benefit against 65 days leave encashment . 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
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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.
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Anik

Responded 3 years ago

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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.
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