Leave Salary, whether it is included in Annual package

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Jai Bajaj (Querist)
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02 May 2009 I joined the company in starting of april 2009. My annual package was decided 200,000/- it was formal finallization. Till the date no confirmation letter was given. While giving the salary cheque i was quite shocked to know that my monthly salary that would be 16666/- comes to approx 14738.
The computation of salary is as follows:
Basic - 90000
Bonus - 8400 (that on basic as per Bonus Act)
Leave salary for 1 month - (200000-8400)*13= 14738

Actualy they included leave salary and divide annual package by 13 and their contention was that NO WORK NO SALARY

It means to avail 2Lac i have to work 365 days except public holidays. Than what does the mean of leave salary?
My contention is that leave salary is a benefir and that accrue as an employee works. so if in my account i have accrued leave salary, i have 2 option of utilize it - 1. To cash the leave or 2. Avail this by not going to office.
Leave salary is other than normal salary and should not be included in Annual package.

Please guide me on this. What is the right way about leave salary? Whether it is included in Annual package or it is extra benefit. And can an employer put it into contract like this?

CA. Pradeep Jhawar

CA. Pradeep Jhawar (Expert)
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02 May 2009 Hi Jai,

From your case it seems apparent that you must be fresher in corporate sector. Over the time custom has evolved of companies quoting Cost to Company to the employee. Employee must clarify from the prospective employer what does he/she/it mean by gross salary.Becoz employer will be silent to the extent C2C. We employee need to drill down to the different components in salary and cash compononent in particular. Your prosepective seems to have kept card close to his chest or may be you unknowingly didnt enquired much. However there is nothinng which can prevent u taking national holidays atleast.Plz get a written offer letter with pay structure first.

Remember today economic scenario leave very little for employee, but it is always two way relationship, i would advise u to tactfully handle case with ur prospective employer.

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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03 May 2009 As per service contract and discipline, normally, every employee is allowed certain period of leave (with pay) every year. Such leave may be availed during the year or accumulated by the employee. The accumulated leave lying to the credit of an employee may be availed subsequently or encashed. When an employee receives an amount for waiving leave lying to his credit, such amount is known as leave salary

SO IT SHOULD NOT BE INCLUDED, IT IS SIMILAR TO OVERTIME, WHICH SHALL BE PAID IF YOU DOES NOT TAKE THE PROVIDED LEAVE

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