Pvenu1953@gmail.com
Retired Government Servant/advocate
Kunalkaushal
Team Lead

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Hello,
Need help regarding leaves using by the employee as per the new policy by the company.
Since 26th October, 2016 employees working for extended hours should first utilize their comp off leaves. Comp offs are granted to employees to compensate and enable them to have rest days for extended working hours they had to perform to fulfill project dependencies. Employees therefore shall avail their comp off balance on priority and then accordingly Casual and Annual leave for the year considerate.
So is it valid to to take comp-off first and then causal and the annual leaves?
Is there any law for this policy.
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Legally there are two parts we need to focus on :-
1) What are leaves that one is entitled to under labour laws
2) What are leaves that one is entitled to under Contract or Agreed term's of service other then (1)
Now, Generally speaking Comp off is a variant of leave that draw its origin from overtime work or work on leave days. So it has a law supporting it. It's Priority is mandatory. Like section 53 of Factories Act.
Then there are Annual Leaves like for example section 78 of Factories Act. They are also legally supported. But intention of legislation is to first allow Comp Off then Annual wages.
There are no legal backing to casual leaves, legally they are annual leaves. So there priority are less because theyy dar there power from service conditions and not a labor law. So there priority is least.

It is the discretion of the employee. However, compensatory off is required to be availed of within a specified period, generally one month.
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