Legal Question in Employment Law in India

I have been employed by a private limited company and I do not fall under the definition of "workman". I applied for unpaid leave of one year to go abroad and study. What is the nature of my relationship with my employer during this time? My employment contract has not been terminated, only suspended. Have the Courts ruled that during such time (or during what is usually known as a 'sabbatical',) the employee is still entitled to any benefits from his employer?


Asked on 11/22/14, 10:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.11.2014

Dear Sir / Madam,

The Company is entitled to take a call whether to terminate your services or to grant you the leave for a year without pay. Generally, most private limited companies never ever grant any employee for such a long continuous duration at a stretch. I doubt whether there is any Court ruling that the employee is still entitled to any benefits from the employer during the period of leave.

Regards,

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Answered on 11/23/14, 4:27 am


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