Hi All,
I would like to know if a company can enforce a rule that and employee has to take XX number of annual leave in a year if not they will lapse.
We are an IT company and fall under the Shops and Establishment act.
Your inputs on this will help us immensely. I do know if companies that mandate that employee has to be on a core leave of 10 continuous paid annual leave.
Regards
Baiju G Nath
From India, Bangalore
I would like to know if a company can enforce a rule that and employee has to take XX number of annual leave in a year if not they will lapse.
We are an IT company and fall under the Shops and Establishment act.
Your inputs on this will help us immensely. I do know if companies that mandate that employee has to be on a core leave of 10 continuous paid annual leave.
Regards
Baiju G Nath
From India, Bangalore
As per section 15 (7) of Karnataka Shops Act, leave unavailed in one year should be allowed to be carried forward in the next year.
From India, Mumbai
263From India, Mumbai
Dear colleague,
Like every state Shop Act, Karnataka Shops Act also provide for carry forward of unavailed PL to the next year up to a limit of two years' PL entitlement. Therefore, you cannot make a rule for lapsing up to this limit. You may make a rule of lapsing of PL beyond tha statutory limit.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Like every state Shop Act, Karnataka Shops Act also provide for carry forward of unavailed PL to the next year up to a limit of two years' PL entitlement. Therefore, you cannot make a rule for lapsing up to this limit. You may make a rule of lapsing of PL beyond tha statutory limit.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Baiju,
No instructions of the Management can run counter to any beneficial provision of Law applicable to the employees covered in it. Annual leave with wages is one such provision in the State Shops and Establishments Acts of which the Karnataka Act applies to your establishment. When there is a mandatory provision for carrying forward the unavailed portion of a particular type of leave to the successive years subject to a maximum limit, the Management can not insist on availing of a particular no of days leave in a year and declare that the failure to do so will result in automatic lapse. As normally leave can not be claimed by the employee as a matter of right so it can not be imposed by the management also by way of compulsion.
From India, Salem
No instructions of the Management can run counter to any beneficial provision of Law applicable to the employees covered in it. Annual leave with wages is one such provision in the State Shops and Establishments Acts of which the Karnataka Act applies to your establishment. When there is a mandatory provision for carrying forward the unavailed portion of a particular type of leave to the successive years subject to a maximum limit, the Management can not insist on availing of a particular no of days leave in a year and declare that the failure to do so will result in automatic lapse. As normally leave can not be claimed by the employee as a matter of right so it can not be imposed by the management also by way of compulsion.
From India, Salem
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