Is LTA Applicable For A Confirmed Employee On Non Completion Of One Year

Hi,

I was working in a company from May 2007 to Mar 2008. The offer letter included LTA as CTC. I have left the said company in March 2008, however, the company says that LTA can be claimed only after 1 year. I Joined the company on May 9 2007 and was on probation till Nov 2007 and after that I was confirmed. I left the job in March 2008.

The HR says that LTA is applicable to a confirmed employee only after completion of one year of service. Can the company frame such rules or Is there any Act under which I can claim LTA ?

When I asked whether I would get LTA on pro-rata, they informed that it will be provided only to employees who has completed one year.


Is there any act on the basis of which I can claim. the FY 2007-08 has also passed, would they give. They have not included LTA in full and final settlement saying that it can be claimed only if a person has worked for more than 1 year.

I would be able to provide tickets/bills for the travel I made during the said year, if it can be claimed.

If you can provide the Act, I can follow up with them.

Thanks again
Srinivas Mani
09833418230

Dear Mani,
Payment of LTA and leave encashability is as per policy of the Company. Statutory obligations arises only if you are covered under any Statute like "worker" as defined by Factories Act.
Regards,
SC

LTA APPLICABLE ?

Thanks Swastik. However, I am not a worker. I give the complete details about the matter as follows :


The following was my salary structure in the previous organisation where the LTA was also included in my Annual CTC. I have also enclosed an attachment for salary break-up. Please refer the same. For your information, the said company where I was working is a private bank and I was working in Mumbai and I was working as a Manager.

Monthly Salary

Type of SalaryPer MonthBasic Salary14670Conveyance800HRA8500Medical Reimbursement1250Other Allowance 7560Sodexho Meal Coupons910Provident Fund1760Leave Travel AllowanceMonthly Salary35450

Annual Salary

Type of SalaryPer AnnumBasic Salary176040Conveyance9600HRA102000Medical Reimbursement15000Other Allowance 90720Sodexho Meal Coupons10920Provident Fund21120Leave Travel Allowance14670Annual CTC440070

After putting my resignation and before the full and final settlement, I had orally asked HR for payment of LTA. However, the HR informed that this is applicable to employees who have completed one year of service.

My appointment/offer letter of my company stated the following w.r.t LTA.

You are entitled to claim LTA only after completion of one year of service in the company.

Can you confirm now that with the above complete details provided whether I can claim LTA from them and if they inform that I am not eligible, how should I proceed further in the matter to claim LTA. There must have been some case or judgements which i can refer if it is applicable.

Regards
Srinivas Mani
09833418230
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Dear Mani,
If your company policy says that you become eligible for LTA after One Year, then you cannot claim LTA, if you leave the organisation without completing one year.
The classic example to support my point is payment of Gratuity.
Regards,
Swastik

Hi
I have been informed by one of the members that since LTA is a part of my CTC which was agreed at the time of appointment, ofcourse I will entitiled for LTA after one year service because of it is normily yearly paid benefit. But in case of Full & Final settelment I have right to claim all due amounts till date u served with company.
it is another matter that it will be taxable.
Kindly clarify can I take up the matter with the company on this pont.
Thanks & Regards
Srinivas Mani
09833418230

The member has informed you correctly. Please take up the matter and get the money after paying the taxes !
And I was just a recent joinee and am confused on your statement that you are not a worker as per Factories Act. Are you sure ? Check the act and it may reveal that you are a worker :mad:. Any comments from the experts on this aspect of exempted employees and supervisory / managerial staff claiming that they are NOT workers ? :idea:
Regards
Sathish

Hi,
How do I check whether I am a worker or not. I was working in a pvt. sector bank as Manager.
Please clarify
Thanks & Regards
Srinivas Mani
09833418230