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Accountant in a production house Accountant in a production house

2 weeks ago

I used to work as an accountant in a production house. While joining I was promised 30 leaves per year and leave encashment after resigning. But when I resigned they denied leave encashment saying you were on professional so as per the rules professional fees is not entitled to leave encashment. I have no idea if this is true or not. And one more thing if I am entitled to encashment can I ask for it after a year as this happened last year

Anik

Responded 1 week ago

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A.Dear Client,

The probationary relationship between an employer and a probationer is determined by the terms outlined in the employment contract or offer letter. During probation, the probationer isn't considered a permanent employee of the company, and thus, standard rules, regulations, and employee benefits do not typically apply. Disputes between a probationer and their employer cannot be resolved through standard company policies or regulations. Therefore, before claiming entitlement to leave encashment upon resignation during probation, ensure that the company's rules or policies permit such entitlement.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the permanent role of the Company. So standing rules or regulations and service linked benefits neither apply to a probationer nor, regulate or resolve the dispute between a probationer and an employer invoking the provision of relevant laws. So. first ensure your entitlement to leave encashment on your resignation while on probation as per the rules/policy of the Company and then claim for it.
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Vidhi Samaadhaan Vidhi Samaadhaan

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