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UI worked with a big listed company for 1 yr as an intern and 10 months as full time from 9 June 2025 to 13th March 2026.
I was on probation even after PPO as per my appointment letter for a whole year from joining.
There is no mention of leave encashment not available during probation in my OL or AL. Neither have I signed any such company policy by hand.
I had received pro rata leaves already (21 days minus 1april to 9 june leaves) in my company dashboard on date of joining and I used some of them. At the end I had left 9 days still in it.
I know there is time from 13march to 31st march where I did not work so that will also be cut.
FNF came and no leave encashment received.
What are my options under labour law and contract law. As per my understanding its my property as I have worked for those requirs days and acrued the particular number of days for earned leave.
Maybe it will be 8. But definitely not 0.
My basic pay as per epfo and salary slip calc is ₹46,667.
HRA and supplementary allowance is separate. ( But i think it is not considered for leave payment).
Need advice on how I can proceed against them.
I had asked them for leave encashment on mail, and they said as per company policy not applicable to probation employees. I asked where did I sign such. No reply on that yet.
Related clauses in Appointment Letter:
1. Date of Joining
You shall join the services of the Firm latest by June 09, 2025. However, this is subject to the Firm receiving satisfactory references, your previous Company’s relieving letter and on you being certified medically fit by the Firm appointed doctor, failing which this Contract shall stand cancelled and will hence be null and void.
2. Probation
You will be on a probation period of 12 months from the date of your joining which may be extended at the discretion of the Management. Your services in the Firm may be confirmed in writing on successful completion of the probation period. During the period of your probation, your services can be terminated by either party by giving one month’s notice in writing to the other party. However, the Firm reserves the right to terminate your services without giving any notice in writing or otherwise to you during such probation period.
7. Leave
You shall be entitled to a maximum leave of 21 working days for the period April 1st to March 31st as per the Firm’s policy. The Firm reserves the right to amend the policy from time to time.
9. Hours of Work
Your normal working hours will be from 9:00 a.m. to 6:00 p.m. – Monday to Friday. At the sole discretion of the Management, you may be asked to work beyond the normal working hours and also on weekends or holidays.
10. Termination
Upon Confirmation, your services can be terminated by either party by giving three months’ notice in writing to the other. The Firm reserves the right to enforce or waive all or part of the notice period at its sole discretion. Should the Firm decide to waive the notice period upon your request, you shall not be entitled to receive any further compensation beyond your last day of work in the office. In the event of termination of services by the Firm without notice your termination shall become effective immediately upon the Firm paying you three months’ Base salary in lieu of the notice. However, your services may be terminated by the Firm without any notice or Base salary in lieu thereof in case of any non-compliance or breach or violation by you of the Firm’s Code of Conduct or other policies and procedures for the time being in force. Further, the Firm may require you not to begin alternative employment or conduct other business for the duration of your contractual notice period. However, during such period, the Firm will continue to maintain your salary and other contractual benefits.
Upon your resignation or termination of your services, the Firm may require you to sign such documents/ letters to safeguard its interests and the intellectual property rights and confidentiality of the information gathered by you during the course of your employment. You shall not, upon leaving the employment with the Firm, make any attempt or endeavor to directly or indirectly encourage/assist/solicit other employees of the Firm to join you in your new assignment or any other employment.
11. Employee Hand Book and Code of Conduct
Your service conditions/conduct are also governed by the Human Resource Policies and other related matters enshrined in the Employee Hand Book and the Firm’s Code of Conduct. You are required to strictly adhere to the Firm’s Code of Conduct. The Code of Conduct sets out the Firm’s compliance policies and the standards of conduct required of you as an employee of the Firm.
On the day of your joining the Firm, you will receive a copy each of the Employee Handbook and the Firm’s Code of Conduct. You shall be required to carefully read, understand and sign the acknowledgement form of both these documents and return the same to the Human Resources department. You hereby undertake to abide by at all times the Firm’s Code of Conduct as amended from time to time.
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