• Privilege leave entitlement

I am working for a dental company for the past 6 years 5 months.I resigned on 12 th august and was told to serve a notice period of only 15 days.my last day as per the same is 25 th august.
(As per the appointment letter the notice period is 30 days.)

With respect to the full and final settlement i have been told that only gratuity and salary till 25 th august will be given to me.However my increment letter states 2.5 lakhs as annual incentive .The company has denied the amount as they say they have no policy of pro rata basis.(I am sure they dont have a policy mentioning the same).Also with respect to privelege leaves they have denied the same stating that there is no such policy.(I have 11 privelege leaves but they have blocked my online hr account where i could see the same) .Is there any law governing the privelege leaves of the employees? Any incentives governing act?Is there any help i can get?
Asked 8 years ago in Labour

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3 Answers

Regular full-time employees who are regularly scheduled to work 40 or more hours per week earn privilege leave according to years of service:

Start date through day before fifth anniversary: 20 days per calendar year

Fifth anniversary and beyond: 25 days per calendar year.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

every person employed in an establishment is entitled to:

i. privilege leave for a period of not less than 15 days, after every twelve months of continuous employment; and

ii. casual or sick leave for a total period of not less than 12 days every year.

An employee becomes entitled to a minimum of 5 days of privilege leave for every four months of continuous employment and a minimum of 1 day casual leave upon completion of every month at work.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You send a legal notice demanding the incentives due to you and also encashment of privilege leave to your credit at the time of leaving the office.

Let them give reply quoting the rules which permit or not permitting the said privileges.

You can think about further legal course of action after that as per law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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