Hello, We are registered under the Goa Shop & Establishment act. My questions are as below:
1) Annual leave - I am aware that an employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months shall be entitled during the subsequent period of twelve months, to leave with wages for a period of fifteen days. But is it OK to grant the employee AL before the completion of 8 months? Can we do pro rata basis? The reason we wanted to do this is because our employer doesn't want to deduct salaries.
2) If an employee who joined in Apr 2018 has finished his entire annual leave of 15 days, is he eligible for new annual leave in Apr 2019?
3) Casual & Sick leave - Can we carry forward these 2 leaves to the new financial year?
4) Al encashment - Is it mandatory to pay the employee for the balance leave at the time of separation?
Please advice
Thank you,
From India, Nagari
1) Annual leave - I am aware that an employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months shall be entitled during the subsequent period of twelve months, to leave with wages for a period of fifteen days. But is it OK to grant the employee AL before the completion of 8 months? Can we do pro rata basis? The reason we wanted to do this is because our employer doesn't want to deduct salaries.
2) If an employee who joined in Apr 2018 has finished his entire annual leave of 15 days, is he eligible for new annual leave in Apr 2019?
3) Casual & Sick leave - Can we carry forward these 2 leaves to the new financial year?
4) Al encashment - Is it mandatory to pay the employee for the balance leave at the time of separation?
Please advice
Thank you,
From India, Nagari
Dear Sandra,
Hello,
1) Annual leave - The law lays down the minimum guidelines however there is no harm if an employer wishes to go ahead and extend the benefit beyond what is mentioned. It is absolutely ok to grant AL before the completion of 8 months, and it can be done on a pro rata basis.
2) If an employee who joined in Apr 2018 has finished his entire annual leave of 15 days, is he eligible for new annual leave in Apr 2019?
This totally depends on whether you account for leaves on a calendar year or FY basis. If you follow the FY basis, the new annual leave eligibility will start from Apr 2019 onwards.
3) Casual & Sick leave - Can we carry forward these 2 leaves to the new financial year?
The law says no; however as i said before there is no harm in giving more benefits to employees than what is mentioned in the act. If you carry them forward, it will increase the employer's liability; however if still you have to; i suggest you make a policy and convert un utilised leaves in Privileged Leaves and carry them forward.
4) Al encashment - Is it mandatory to pay the employee for the balance leave at the time of separation?
Yes, Please read sec 21.5 of the said act.
Regards
Rahul
From India, Delhi
152Hello,
1) Annual leave - The law lays down the minimum guidelines however there is no harm if an employer wishes to go ahead and extend the benefit beyond what is mentioned. It is absolutely ok to grant AL before the completion of 8 months, and it can be done on a pro rata basis.
2) If an employee who joined in Apr 2018 has finished his entire annual leave of 15 days, is he eligible for new annual leave in Apr 2019?
This totally depends on whether you account for leaves on a calendar year or FY basis. If you follow the FY basis, the new annual leave eligibility will start from Apr 2019 onwards.
3) Casual & Sick leave - Can we carry forward these 2 leaves to the new financial year?
The law says no; however as i said before there is no harm in giving more benefits to employees than what is mentioned in the act. If you carry them forward, it will increase the employer's liability; however if still you have to; i suggest you make a policy and convert un utilised leaves in Privileged Leaves and carry them forward.
4) Al encashment - Is it mandatory to pay the employee for the balance leave at the time of separation?
Yes, Please read sec 21.5 of the said act.
Regards
Rahul
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Online payment of PF mandatory from 1.1.2016.pdf