Legal Question in Employment Law in India

Dear Sir,

I am retired Indian Army man. Presently, serving with an International Security company in Afghanistan. I wish your small assistance (a) under which law we comes under, Labour Law Afghanistan, International Labour Law or Indian Labour Law. (b) Our company is granting leave after completion of 11 month service in Afghanistan for one month that is unpaid (Leave policy �Your entitlement of annual leave, which is unpaid. Is one month per year. Leave will accrue at the rate of one day�s leave outside Afghanistan for each period of 11 days in Afghanistan). Their rule for termination is � upon completion of probationary period and confirmation of employment, either party may terminate the contract by giving one calendar month�s notice or one month�s pay in lieu of notice�. Now company is decreasing strength and terminating few personnel but observation is that they are sending man without giving one month notice. Also they calculating total service they did in Afghanistan and how many leave (unpaid) they earned, e.g individual served 454 days he earned 41 days leave, they mentioning that 30 days is your unpaid leave which is being availed by you. So you will get 11 days salary. Sir is it correct. Please give us right way.


Asked on 8/02/15, 12:14 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.08.2015

Dear Sir / Madam,

No, the method of computing leave salary by the Company is incorrect since 41 days unpaid leave will actually accrue to the employee, and the Company has to pay the employee 41 days earned leave salary encashment and not 11 days.

Regards,

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Answered on 8/02/15, 6:35 am


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