Leave Encashment for Pvt. Contract Employees
I am a Freelancer (from Mumbai, Maharashtra) but employed through a 3rd Party (from Bangalore, Karnataka) on Contract basis. As always, I agreed for 10% TDS deduction. However, right from my first pay, the Employer kept on deducting Profession Tax and Medical from my Fees (inspite of asking not to do so). I was also allowed Paid Leave over and above the fixed pay that I received as a part of Contract.
I resigned after 9 Mths and there were 13 days leave to my Cr when I left the Company. The Company says that since my payment was fixed and since I was not a permanent employee, I will not be able to claim Leave Encashment. I was not allowed leave as the Client wanted me to work on Critical time bound Projects. Neither was I allowed to adjust the leave during the Notice period. What is the use of paid leave if I am not able to use it when I want?
Can I claim Leave Encashment in this case? All the time Employer considered me as a Employee and deducted PT and Medical from the fees and now he says I am not an Employee and hence cannot claim Leave Encashment.
Prashant