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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Sanjay, a working journalist at Lokmat Times, has 40 days of earned leave not availed of when the employer terminates his services for reasons other than punishment. Under Section 25(3) of the OSH Code, 2020, what is he entitled to?

Sanjay is entitled to cash compensation for his unavailed earned leave, equal to the wages due for that period and subject to conditions and limits prescribed by the Central Government. Termination other than as punishment does not extinguish the entitlement.

  1. ACash compensation for the unavailed earned leave, subject to conditions prescribed by the Central Government, equal to the wages due for that periodCorrect
  2. BNothing, as leave lapses on termination
  3. CCash compensation only if he resigns voluntarily
  4. DCash compensation at half the wages due for that period

Explanation

Section 25(3)(iv) entitles a working journalist whose services are terminated for any reason other than as punishment to cash compensation for earned leave not availed of, subject to prescribed conditions and limits. The amount equals the wages due for that period. Lapse, a resignation-only rule, or half wages is not in the text.

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