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Baiju Gopinath   23 August 2017

Can company enforce mandatory annual leave

Hi All,

I have two questions on annual paid leaves for which i need your valuable advise.

1) Can a company enforce that the employee will have to mandatorily go on XX days of continious paid / annual leave in a particular year.

2) If yes, can the company then decide that only the remaining can be carried forward.

We are covered under the shops and establishment act.

Regards

Baiju



Learning

 7 Replies

Kumar Doab (FIN)     23 August 2017

You may go thru the Shops & Estbs Act of the state...........

You have not mentioned the state..............

The leave can be C/F as provisions of the Act and/or leave policy of the establsihment/contract/agreement/award,   if it offers superiro benefits..........than the Act.

Kumar Doab (FIN)     23 August 2017

e.g; THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961; 15 and more so 15(7) (10)

Kumar Doab (FIN)     24 August 2017

Similar query is posted at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=153214&offset=1


(Guest)

The company can make it mandatory by making provisions in the service rules of the employees.

 

Kumar Doab (FIN)     24 August 2017

If applicable enactment cited by querist provide for option/provision to frame policy with representatives of employee....and include agreed terms..............then the said provision may be optioned.

 

Kumar Doab (FIN)     24 August 2017

Check if the state Govt has notified for Greivance Redressal..................

Employee can approach  the commitee if the provisions inserted in rules/policies are contrary to the provisions of the applicable enactments..............

Kumar Doab (FIN)     24 August 2017

The extra accumulated leave may lapse per private rules/policy, applicable enactment and employee may agree to avail option of mandatory leave.............

Some establsihments do have such policy............

Also check with your HR counter parts in industry if and how they have excercised it..........


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