No Carry Forward Of Leave*'s

Hello Everyone,

I would like to have your views & suggestion on the above mentioned title.

Actually I want to know that is there any LAW says; the employee should get leave (PL) carry forward facilities.

As per my knowledge company can make their own leave rules/policy for the employee. So if company decides, they don’t want to carry forward the balance leave (PL) & will start with the new leaves period (every year) on the pro-rata basis.

I only want a confirmation from you & if possible can you please reply me with the act for the same.


Regard's,
Chanda Patel
9819572417
Mumbai

Factories Act, Shops and Establishments Act and Plantations Labour Act require to allow carry forward of leave earned to the employees of factories, commercial establishments and plantations respectively. These provisions are mandatory whereas companies can follow any leave rule which are better than those stated in these Acts.
Regards,
Madhu.T.K

Dear Sir,
I need yourhelp in this matter,
I am working in a financial (Insurance Company) and the job profiles of our Sales Managers is to generate business by selling insurance policies and submit sales documents daily of the employee submitted a business in the name of a customer and submitted a cheqe of 30000/-
The chequ got bounces and on our investigation,we found that the cheque is of the employee itself and his account was freezed by the bank.
In our line of business its a serious offence and we need to initiate termination.Kindly help me with a draft for such termination
Thanks and regards
Shine

Dear Shine,
I have given my opinion on it when you posted the same to my private box also.
This thread pertains to "carry forward of leave". I will answer to your question separately.
Regards,
Madhu.T.K

Please define whether your organisation is Manufacturing Unit or Commercial Establishment,because if it is manufacturing unit you are governed by factories act and if it is commercial establishment you are governed by shops and commercial establishment act

Dear Mr Madhu,
Is earned leave mandatory. We are giving 12 days of CL, 12 days of ML. Moreover, we are an IT company and have all saturdays and sundays off.

Earned Leave based on actual working days in the preceding year is mandatory under the Shops and Establishments Act. Since the same is a state Act, the provisions relating to leave may differ from state to state. In any case, it is mandatory to give earned leave. Under Factories Act, earned leave is referred to as 'annual leave with wages' and under Factories Act this is the only leave to which an employee is entitled to and any other leave, viz, casual leave, medical leave, are supplementary only. But under Shops and Establishments Act ( as in the case of Kerala State) medical leave and casual leaves leaves are required to be given in addition to annual leave with wages (Earned leave)
Regards,
Madhu.T.K