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Krishna Kumar (HR)     24 August 2017

can company force employees to take mandatory annual leaves?This is under Karnataka Shops and Establishment act.

can company force employees to take mandatory annual leaves?This is under Karnataka Shops and Establishment act.



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 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 August 2017

The leaves are employee rights. It is not forceable from company

Kumar Doab (FIN)     24 August 2017

Similar query has also been posted at:

https://www.lawyersclubindia.com/forum/Can-company-enforce-mandatory-annual-leave-153191.asp

 

Kumar Doab (FIN)     24 August 2017

You may go thru the Shops & Estbs Act of Karnataka ........... 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)     24 August 2017

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

The unavailed leave may lapse...........

The employer may frame policy with representatives of employee....and include agreed terms...

Some establishments may include that employee shall mandatorily avail say; extra accumulated leave........  


(Guest)

Not mandatory. No hard and fast rules. It is optional and depends upon circumstances of the case and the compulsion of the company not to make the part of the employee in certain confidential activities or investigation by organizational authority/ police/ ACB or any other law enforcing authority.


 

Kumar Doab (FIN)     24 August 2017

Originally posted by : Krishna Kumar
can company force employees to take mandatory annual leaves?This is under Karnataka Shops and Establishment act.

The query is on ; to force employees ( EMPLOYEES)  to take mandatory annual leave.

Is any confidential activity or investigation or police or ACB or authoity in organisation involved?

 

Kumar Doab (FIN)     24 August 2017

Originally posted by : JIGYASU
Not mandatory. No hard and fast rules. It is optional and depends upon circumstances of the case and the compulsion of the company not to make the part of the employee in certain confidential activities or investigation by organizational authority/ police/ ACB or any other law enforcing authority.

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.
 


(Guest)
Originally posted by : Kumar Doab

Originally posted by : JIGYASU


Not mandatory. No hard and fast rules. It is optional and depends upon circumstances of the case and the compulsion of the company not to make the part of the employee in certain confidential activities or investigation by organizational authority/ police/ ACB or any other law enforcing authority.


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.
 

 

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

 

Krishna Kumar (HR)     24 August 2017

Thank You Rama Chary,Kumar and Jigyau for your inputs.

Kumar Doab (FIN)     24 August 2017

The private rules of the establishment must not be contrary to the applicable enactments........or violative so as to be void.

The state has notified Greivance Redressal commitee and issues can be brought before it.

 

 

Kumar Doab (FIN)     24 August 2017

You are welcome.


(Guest)

You are welcome.

 


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