Dear Seniors,
I have a query regarding Annual Leave with Wages:-
I know that to avail EL one have to work 240 days & if he quits from his job we have to make the payment of EL with his full & final payment.
but on the another hand if someone quit from his job before completing 240 days then employer is liable to pay EL paymeny or not with his full & final payment.
Plz Advice.....
Tarang chauhan
HR. Exe.
From India, Dehra Dun
9I have a query regarding Annual Leave with Wages:-
I know that to avail EL one have to work 240 days & if he quits from his job we have to make the payment of EL with his full & final payment.
but on the another hand if someone quit from his job before completing 240 days then employer is liable to pay EL paymeny or not with his full & final payment.
Plz Advice.....
Tarang chauhan
HR. Exe.
From India, Dehra Dun
Dear Mr. tarun_ch270,
According to the Factories Act, 1948, the standard in all the companies in India follows the Annual Leave Wages: (3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
I hope this point clearly insinuates that you are entitled to pay the wages along with the EL and proceed to full and final payment.
From India, Visakhapatnam
According to the Factories Act, 1948, the standard in all the companies in India follows the Annual Leave Wages: (3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
I hope this point clearly insinuates that you are entitled to pay the wages along with the EL and proceed to full and final payment.
From India, Visakhapatnam
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Sumary of Annual Leave--Sample.x ls
Approval of Annual Leave.docx
LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf