Leave encashment and Bonus
7 months ago
My father has worked in a company for 11 years. Now he wants to retire. In these 11 years the company never paid him EL/PL and bonus amount. So my question is whether the company is liable to pay EL and Bonus for all 11 years?
A.Dear client,
If your father has not received his earned EL/PL and bonus amount, he is entitled to recover them upon separation from employment. He can file a complaint with the appropriate authorities or in a civil action against the company.
If your father has not received his earned EL/PL and bonus amount, he is entitled to recover them upon separation from employment. He can file a complaint with the appropriate authorities or in a civil action against the company.
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A.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) or Privilege Leave (PL) or Flexi Holiday, or Annual Leave (AL). The EL leave type is typically used by employees for personal reasons. As per the Industrial Dispute Act, all the workers/employees must be given 1 day for every 20 completed days worked. As per that per year total of 313 working days, 15 or 16 days leave can be granted. If your terms of employment allow encashment of Earned Leave up to a fixed limit, then you are entitled to claim encashment of said leave from the Company on your cessation of employment. So, in case of denial of that service-linked benefit on cessation of employment, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of ID Act before the Labour Court claiming any kind of dues from the Company. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter
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) or Privilege Leave (PL) or Flexi Holiday, or Annual Leave (AL). The EL leave type is typically used by employees for personal reasons. As per the Industrial Dispute Act, all the workers/employees must be given 1 day for every 20 completed days worked. As per that per year total of 313 working days, 15 or 16 days leave can be granted. If your terms of employment allow encashment of Earned Leave up to a fixed limit, then you are entitled to claim encashment of said leave from the Company on your cessation of employment. So, in case of denial of that service-linked benefit on cessation of employment, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of ID Act before the Labour Court claiming any kind of dues from the Company. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter
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