Liability to pay Leave Encashment

This query is : Open

amit Sharma (Querist)
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15 September 2009 Dear Members,

Please suggest if any law compels a company to pay leave encashment to any employee resigning in his/her probation period.
Further if employee is required to serve the notice period after he resigns, then can balance leave entitlement(CL, SL, PL) be adjusted against notice period days.

Regards
Amit

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)
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15 September 2009 iF he has belance then he can adjust without difficult. But i did not heard of this law. genraly leave encashment during probation is govern by cos policy.

ADITYA

ADITYA (Expert)
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15 September 2009 Dear Amit,

The Facotories Act/ Shop & Establishment Act deals with the working conditions such as working hours / leave etc.

Your company have to pay for leave enchashmet as per governing rules as applicable in your state in accordance with either of the Acts.

The Employee is not need to be served any Notice as he him self is resigning.
One Discharge cum Resignation Acceptance letter will serve the purpose.

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amit Sharma

amit Sharma (Querist)
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15 September 2009 sir,

Thanks for your feedback !!

We are currently dealing in Mumbai & kolkata & gurgaon & dehradun .It would kind of you if you provide relevant provisions/clauses in the respective act in relation to the query earlier raised by me.

thanking you!!
Amit