Earned leave encashment as per factories act

Registered members get a chance to interact at Forum, Ask Query, Comment etc. Can any one one tell me is there a provision for Leave encashment in Labour Law? If so what is the total entitlement? To activate Click to Talk, e-mail at lciconnect lawyersclubindia. The Act provides that every worker who has worked for a period of at least days during a calendar year shall be allowed during the subsequent year leave with wages at the rate of a one day for every twenty days worked in the case of adults, and b one day for every fifteen days worked in the case of children.

The leave is exclusive of holidays that occur during or at either end of the leave period.

Provision is also made for proportionate leave with wages for a worker who is discharged or dismissed before he has rendered days service.

There is also a provision that any days of lay off by agreement or contract or as permissible under the Standing Orders; maternity leave period for female workers for days not exceeding 12 weeks and leave earned in the previous year in which leave is enjoyed may be counted as days on which workers have worked in a factory for the purpose of computation of period of days or more.

But it is only leave entitlement, but it says nothing of leave encashment or leave carry forward. As such there is no law on that. Factories Act provides this encashment clearly in Chapter VIII. Pl find quote below from the act. I have a related query. Since it is his own earnings and for his livlihood, Whether his ex-wife or son can claim such amount.

Secondly, is he obligated to inform the details of such payouts received to the ex-wife upon her enquiry through her lawyer. The benefits mentioned by you are self earned and personal property of the Bank official. But I would appreciate if you can tell me where this has been enacted as the same needs to be told to the court in the objections to be filed with authentication and case laws if any.

The magistrate might say what is wrong if you provide the details as requested by the petitioner. I have resigned from organization on 11 month of my joining date.

I am serving a notice period of 2 months. I am told by HR that PL is application only after 12 months of service but since I have put up my papers before 12 months I am not entitled for PL encashment. I have checked the company employee handbook for any such clause but couldnt find. Please advice what is correct and give me any reference to law that is applicable in this case. I work in Gurgaon in an engineering firm.

I the relevant provision is as follows. As per Section 79 of Factories Act , it is enumerated that: However there has been recent amendments in via The Small Enterprises Employment Relations Act which is applicable to whole of India. Where as in Shop and Commercial Establishment it is upto 45 days.

Section 79 in The Factories Act,

Prev 1 2 Next. Your are not logged in. Sign up Now Join LAWyersclubindia. Hi All Can any one one tell me is there a provision for Leave encashment in Labour Law?

Casual Leave, Earned Leave, Sick Leave : Leaves in India

On 25 October Hi Thanks But it is only leave entitlement, but it says nothing of leave encashment or leave carry forward. On 10 November Saravana Rajan View Profile My Other Post Points: Hello Experts, Factories Act provides this encashment clearly in Chapter VIII. On 13 January Hi all, I have a related query. On 16 January On 17 January On 20 November Namit View Profile My Other Post engineer Points: Sir, I have resigned from organization on 11 month of my joining date.

I the relevant provision is as follows As per Section 79 of Factories Act , it is enumerated that: This is a public forum. Avoid posting content which you do not wish to disclose in public.

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