Dear All, Is it mandatory to allow carry-over of unused leave to next year under leave provisions of Shop & Establishment Act? Thanks, Asif
Hi Asif, It’s never mandatory, but depends on your company’s policy.
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
dear asif yes,under leave provisions of Shop & Establishment Act you can accumulate upto the 42 leave in you account. ravi
From India, Nagpur
From India, Nagpur
Hi Ravi,
Thanks for the reply. However, I would like to know, "Is it mandatory to carry forward the leaves," or can we ask employees to avail all the leaves available during the respective calendar year? If not, then leaves will lapse.
Thanks again.
Asif
Thanks for the reply. However, I would like to know, "Is it mandatory to carry forward the leaves," or can we ask employees to avail all the leaves available during the respective calendar year? If not, then leaves will lapse.
Thanks again.
Asif
Hi,
It is mandatory, and every state has a different rule regarding it. For example, in Maharashtra, it is 42; in Delhi, it is 15; in Gujarat, it is 63; in Karnataka, it is 30, etc. The act does not specify whether employees can be asked to take leave or not. However, it does specify that any unutilized leave should be carried forward.
Thank you.
From India, Mumbai
It is mandatory, and every state has a different rule regarding it. For example, in Maharashtra, it is 42; in Delhi, it is 15; in Gujarat, it is 63; in Karnataka, it is 30, etc. The act does not specify whether employees can be asked to take leave or not. However, it does specify that any unutilized leave should be carried forward.
Thank you.
From India, Mumbai
Dear Asif,
Yes, it is mandatory to carry forward the accumulated leave to the following year, but only up to 42 leaves. The rest will lapse. On the other hand, you cannot compel the employee to avail leave just to avoid encashment of the leaves at the time of separation. Additionally, 42 is the minimum threshold set by the Shops and Establishment Act. However, many companies have designed their policies in a way that employees should fulfill all their moral responsibilities to ensure the smooth operation of workflow.
Ravi
"Mistakes are proof that you are trying."
From India, Nagpur
Yes, it is mandatory to carry forward the accumulated leave to the following year, but only up to 42 leaves. The rest will lapse. On the other hand, you cannot compel the employee to avail leave just to avoid encashment of the leaves at the time of separation. Additionally, 42 is the minimum threshold set by the Shops and Establishment Act. However, many companies have designed their policies in a way that employees should fulfill all their moral responsibilities to ensure the smooth operation of workflow.
Ravi
"Mistakes are proof that you are trying."
From India, Nagpur
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.