Earned Leave
9 months ago
Can my Company Lapse my Earned Leave without Paying or Avoid Crediting Earned Leave because my existing Earned Leave Count is above the Company prescribed Earned Leave Accumulation Limit..
This leave type is called Earned Leave because you 'earn' these leaves for days worked and are treated as paid leave. The EL leave type is typically used by employees for personal reasons. As per Industrial Dispute Act, all the workers/employees must be given 1 day for every 20 completed days of work. Accordingly, as per year of total 313 working days, about 15 or 16 days of leave is earned by an employee/workman. The company/Employer cannot treat it as unpaid and denied its encashment up to the limit of accumulation as per the leave policy of the Company. It is the employee's obligation to keep the track of updated status of his leave accumulation and uses the leave that exceeds the company's prescribed limit of accumulation before it is lapsed as per the standing policy of the Company which varies from Company to Company. So, there is no cause of action that attracts litigation.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Review company policies: Start by reviewing your company's policies and any employment agreements or contracts that outline the rules and regulations regarding earned leave. Pay attention to the provisions related to earned leave accumulation, carryover, and lapsing.
Labor laws: Familiarize yourself with the labor laws and regulations applicable in your jurisdiction. Some labor laws may specify minimum requirements for earned leave entitlement, carryover, and lapsing. These laws can vary, so it's important to consult the specific laws applicable in your area.
Consult HR or management: If you have concerns or questions about your earned leave and its accumulation limits, consult with your company's human resources department or management. They should be able to provide clarification on the company's policies and any legal obligations regarding earned leave.
Negotiate or discuss alternatives: If the company's policy on earned leave accumulation limits is causing difficulties for you, consider discussing the matter with HR or management. You may be able to negotiate alternative arrangements, such as converting excess earned leave into another form of compensation or utilizing it in a different way.
Seek legal advice: If you believe that your company is violating labor laws or contractual agreements regarding earned leave, you may want to consult with a lawyer who specializes in employment or labor law. They can assess your specific situation and provide advice based on the applicable laws and regulations in your jurisdiction.