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Indian Law/Leave Entitlement

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Question
Sir,
I joined a private company on 02 Jan 2012.
The leave entitlement for a year is 24 days of Annual leave and 10 days of Casual leave.
The first six months I was under probation. Due to company requirements, I could not avail annual leave quota in 2012 and the company had promised that the un-availed part of leave will be carried forward to the next year.
But now the company says that I am entitled for only 12 days of annual leave from the quota of 2012 since there is no leave during probation.
My previous experience with other companies is that, during probation, the employee’s leave is under suspension and the full quota becomes active for the year once the probation is over.
Humbly request for a clarification please.
Raju

Answer
Raju: Your understanding is right. If there is no leave dusring the probation, it should accumulate and allowed to be availed of after the probation. Request to gently aurgue on this point with your employer and insist for it, without fighting or spoiling your relationship. Be polite but assertive and firm. Am resonably sure, this will give you the desired result. Best Regards.  

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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