A.Dear client,
This is illogical and unjustified. An employee has all the rights to get Earned leave encashment.Pleaseisit the office of Chief Inspector, Shops & Establishment for redressal of your grievance. If that doesn't work out, you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer.
This is illogical and unjustified. An employee has all the rights to get Earned leave encashment.Pleaseisit the office of Chief Inspector, Shops & Establishment for redressal of your grievance. If that doesn't work out, you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer.
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A.An Earned Leave is earned by an employee for days worked and is treated as paid leave. The EL leave type is typically used by employees for personal reasons. As per Industrial Dispute Act all the workers/employees must be given 1 day for every 20 completed days of work. Accordingly, as per year total 313 working days, hence 15 or 16 days leave is earned by a workman. The company/Employer cannot treat it as unpaid and denied its encashment at the time of separation of the employee from service for any reason. So the argument or reason made by the Company in support of their action is highly arbitrary, unjustified and proves unfair labour practice on the part of the Company. The Company cannot withhold the encashment of said earned leave of a separated employee at the time of disbursement of F & F Settlement dues. Reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, Shops & Establishment for redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. However, in case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal or under the Shops and Establishment Act, you may contact our legal team with the relevant papers.
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