Baijugn
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
Shrikant_pra
264

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
Nagarkar Vinayak L
619

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
umakanthan53
6018

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
Srinath Sai Ram
610

you can accumulate upto 30 days of Annual Leave under Karnataka Shops & Commercial Establishments Act.Anything above 30 days has to be availed, lest it will lapse
From India, New Delhi
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