Leave Encashment Leave Encashment

5 months ago

Do we need to mandatorily comply with leave encashment if an employee is resigned or retired? Dose any Act speccifically call out the same. This is with regards to IT company in Kerala

Anik

Responded 5 months ago

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A.Dear Client
The terms of employment, including leave policies and provisions for leave encashment, are typically outlined in the employment contract and company policies. Review the documents provided by your employer to understand the specific conditions. Check the provisions of the Kerala Shops and Commercial Establishments Act, 1960, and other relevant labor laws in Kerala to understand any specific requirements or regulations related to leave and leave encashment. If the employment contract includes a clause specifying the conditions under which leave can be encashed, it would be binding on both the employer and the employee. Some industries or sectors may have specific norms or practices regarding leave encashment. It's worth checking if there are any industry-specific guidelines. In the case of retirement, the employer may have a policy on retirement benefits, including leave encashment. This is usually outlined in the retirement policy or scheme of the company.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
It is not mandatory for employees to utilize all their entitled leaves, and many employers offer the option to carry forward these unused leaves to subsequent years. Employers are required to compensate their employees for the accumulated unused leaves, known as leave encashment. An employee's leave encashment is included in the full and final settlement the company upon their resignation/retirement or termination other than disciplinary action. The leave encashment policy differs from company to company, and the rules vary. Some companies usually pay for the leaves taken, or some adjust them in the next calendar year. The leave encashment rule covers all regular employees of a certain companies. Both earned (EL), and half-pay (HPL) leaves are combined in the calculation of leave encashment. The leave is encashed on the current basic salary and dearness allowance (DA) of the employee. Each company has a unique leave encashment policy. Some may have a cap on the number of years you may carry forward your remaining leave days, while others may enable you to carry over your leave balance indefinitely. You must estimate the income tax you’ll have to pay during the period of encashment if your employer allows you to carry forward a lot of leaves. Leave Encashment Rules for private company vary according to their policies and local regulations. It is essential for employees to understand the rules and conditions for availing leave encashment benefits before they opt for it.
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