I work in a private company in Kolkata and my employer denies earned leave, how many days am I legally entitled to?
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Below is a comprehensive legal analysis based on Indian law for your question.
Earned leave entitlement is governed by the Factories Act, 1948, for factory workers and the West Bengal Premises Tenancy Act 1997 for shops and establishments in your state. A factory worker who has worked 240 days in a year is entitled to one day earned leave for every 20 days worked, while shop and establishment workers in Kolkata may be entitled to 15 to 30 days depending on state rules. The Calcutta High Court has held that earned leave is a statutory right and its denial can be challenged before the Labour Court. Leave cannot be encashed during employment in most states, but is payable on full and final settlement. You must apply for leave in writing, and the employer must record reasons if leave is refused. Accumulation of earned leave is permitted up to a ceiling specified by the state.
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