Leave Encashment Dues Not Paid
1 year ago
I am an employee from IT sector. After resigning I informed the management that I will be serving complete 3 months notice period. My reporting manager, after 1 month asked me to separate immediately. I managed to convince my receiving employer that I want to join early. I therefore served 55 days of notice. I had 28 days of earned leave which are eligible for encashment as per company policy.
I received my full and final settlement and I have found that my earned leaves have been adjusted against the reduction in notice period. I was not informed/consulted/consented that my leaves will be adjusted. I have not been paid for my earned leaves at all.
Please provide legal advice in this situation.
Earned leaves are special kinds of leaves which provides provisions to the employee that he can encash those leaves and the company is bound to pay the amount equal to those leaves. What they have done is illegal and they could not have done this without seeking your consent and permission. Send them a legal notice for the illegal act and seek all the amount for the leaves along with some compensation for the sufferings. If they do not pay heed to the legal notice then you can file a case against them in the court of law.
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