Joined on November 2, 2009, on one year - probation and serviced the organisation until December 31, 2024 ( Retired ).
HR just had 267 days of EL for a 14.2-year service period instead of 284 days. Every year, management credits all employees with 20 days EL regardless of the number of days they worked in the previous calendar year. Days they have worked the last year. HR declined to count the probationary period and said it was not covered for EL entitlement. They settled only 267 days instead of 284 days. Is HR right to decline the 17-day EL balance payment? Your comments and opinions are solicited here.
From India, Madras
1HR just had 267 days of EL for a 14.2-year service period instead of 284 days. Every year, management credits all employees with 20 days EL regardless of the number of days they worked in the previous calendar year. Days they have worked the last year. HR declined to count the probationary period and said it was not covered for EL entitlement. They settled only 267 days instead of 284 days. Is HR right to decline the 17-day EL balance payment? Your comments and opinions are solicited here.
From India, Madras
It is good that your company allowed you to accumulate 267 days. If you were not given EL in the first year of service, you should have questioned it right then. As per law, every employee who has worked for 240 days in the 12 months shall be given EL at the rate of one day for every 20 days worked. This shall include service probation period also. But the company need not allow an employee to carry forward leaves such a way that the total leaves shall exceed 30 days at any point of time. Your company has allowed you to carry forward the leaves without any limits. You should be tankful to the HR, I would say.
From India, Kannur
From India, Kannur
Actually it is cumulative of EL for 14.2 years. Till Nov.2023 I got only 40 days EL remaining I encashed periodically. Only 69 days allowed to hold in EL balance. I retired on 31.12.24. so my earnings of EL for the calendar year 2024 was denied stating EL credited only from the date of confirmation and not eligible for probationary period. But I told him probation period covers EL entitlement. It is management decision to credit 20 days EL regardless of 240 days. Almost every year I worked for 290 + days.
But to be frank HR hided the rules to Management or not interested to calculate manday. Since it is the practice HR should abide and give me 20 days EL for 2024. Also explained them Probationary period is entitled for EL I worked in a middle management level.
Pl guide me how to proceed further.
From India, Madras
But to be frank HR hided the rules to Management or not interested to calculate manday. Since it is the practice HR should abide and give me 20 days EL for 2024. Also explained them Probationary period is entitled for EL I worked in a middle management level.
Pl guide me how to proceed further.
From India, Madras
The defence that during probation period employee doesnot earn any EL is wrong. If you had joined the company in Nov 2009, for the calendar year 2009 you should get 2 or 3 leaves, if you had worked for 40 days on a calculation of one leave for every 20 days worked. Then for the year 2010, you will earn a set of leaves and the same will be credited in January 2011. Now, accordingly, you have to calculate your leave entitlement till your retirement, say 31st October ( or 31st December 2024??)
Now there is no provision under the Factories Act to grant encashment every year. You are expected to avail it, or otherwise, it would lapse. If the management had allowed to hold upto 69 days leave, that is an employee benefit arrangement. If 20 days leave per year is a service condition, then you should also accept the other conditions, ie, the condition that the EL will accrue only after confirmation. If you had not questioned why the EL for the period of probation period is not credited then, how can you raise it now? You can have either parity as per law or benefits as per the company policy. You cannot have both at a time.
However, if the gratuity is computed without considering probation period, you can raise it now.
From India, Kannur
Now there is no provision under the Factories Act to grant encashment every year. You are expected to avail it, or otherwise, it would lapse. If the management had allowed to hold upto 69 days leave, that is an employee benefit arrangement. If 20 days leave per year is a service condition, then you should also accept the other conditions, ie, the condition that the EL will accrue only after confirmation. If you had not questioned why the EL for the period of probation period is not credited then, how can you raise it now? You can have either parity as per law or benefits as per the company policy. You cannot have both at a time.
However, if the gratuity is computed without considering probation period, you can raise it now.
From India, Kannur
Sir 4O days EL was outstanding in my credit from January 2023. They didn't include EL 20 days which I earned between January 2024 and December 2023. They settled payment only for 49 days instead of 69 days.
Gratuity was calculated from November 2009 to December 2023 for 14.2 years.
I am claiming 20 days EL now which they didn't pay.
Please guide me to proceed further.
From India, Madras
Gratuity was calculated from November 2009 to December 2023 for 14.2 years.
I am claiming 20 days EL now which they didn't pay.
Please guide me to proceed further.
From India, Madras
There is no such conditions or policy either mentioned in the appointment order or in the service book that EL would be given from the date of confirmation. Gratuity was given to me including probationary period
From India, Madras
From India, Madras
Dear KC Seshadri,
As per your posting the Joining date was November 2, 2009. You have not mentioned, how many days you worked in the calender year of 2009. As per the rule you could have been eligible to get maximum of 2- 3 days of EL for the calendar year 2009,provided worked two third of available manday. Your claim of 17 days is not sustainable as well miscalculation without a base. This suggestion is on the basis of general rules mostly followed across the country in absence of your company leave rule and standing orders.
From India, Mumbai
As per your posting the Joining date was November 2, 2009. You have not mentioned, how many days you worked in the calender year of 2009. As per the rule you could have been eligible to get maximum of 2- 3 days of EL for the calendar year 2009,provided worked two third of available manday. Your claim of 17 days is not sustainable as well miscalculation without a base. This suggestion is on the basis of general rules mostly followed across the country in absence of your company leave rule and standing orders.
From India, Mumbai
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