Ravibele
Hr Executive
+3 Others

Dear All,
Is it mandatory to allow carry-over of unused leave to next year under leave provisions of Shop & Establishment Act?
Thanks,
Asif
6th September 2017
Hi Asif,
It's never mandatory, but depends on your company's policy.
6th September 2017 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
6th September 2017 From India, Nagpur
Hi Ravi,
Thanks for the reply.
However I would like to know "is it mandatory to carry forward the leaves".. or we can ask employees to avail all the leaves available during respective calendar year, if not then leaves will lapse.
Thanks Again.
Asif
6th September 2017
hi
It is mandatory and every state has a different rule on it. For e.g. for Maharashtra it is 42, for Delhi it is 15, for Gujarat it is 63, Karnataka is 30 etc. Act does not specify whether employees can be asked to take leave or not. However, it specifies any unutilized leave should be carried forward.
6th September 2017 From India, Mumbai
dear asif
yes, it is mandatory to carry forward the accumulated leave in the following year,But up to only 42 leaves.rest will get lapsed.on the other hand you just can't compel the Employee to avail just for the sake of avoiding encasement of the leaves at the time of separation.beside this 42 is the minimum threshold decide by shop and establishment act.but many companies designed there policies in such a way that employee should discharge all his moral responsibility and operation of work flow smooth as well
Ravi
(mistakes are proof that you are trying)
7th September 2017 From India, Nagpur
Will depend on the state's shops act provisions. But most of the states permit carry forward of leave of 1 or 2 years of entitlement.
7th September 2017 From India, Mumbai
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