Leave Encashment Dues Not Paid
Posted 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.
A.Dear Client
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.
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.
Helpful
Helpful
Share
A.if you had the consent of your reporting manager to get relieved in short notice then you are eligible for EL encashment otherwise no
Helpful
Helpful
Share
Read Related Answers

Dear Claimed,
Typically this kind of leave is called Earned Leave because you 'earn' these leaves for days worked and are treated as paid leave. This kind of leave is also known as Vacation Leave (VL...

Dear client,
If you joined an online Work from Home Data Entry job work on receipt of any offer letter from the Company, then go through the terms and conditions of said letter that stipulate a condi...

Dear Sir,
Since your mother is the nominee so the employee cannot give amount to the wife of deceased. Go to civil court and get appropriate order.

Dear Client,
Any teacher of a school established, owned, or controlled by the appropriate Government may submit his or her grievance in writing to the Convener or Member Secretary of the School Manage...

Dear Client,
your query requires more details as regards what kind of documents, from whom, and why you need them back, etc. to respond to your query properly.
Read Blogs on Employment and Labour
Employment and Labour Lawyers

Find Lawyers by Location