Act Regarding Earned Leave-not Forwarding In Next Year..

Hi all,
My company doesn't transfer the earned leave balance in next year nor encashment is available. Please guide, that it is illegal according to company's shop and establishment act or not. Can we take any action against this rule or employer has the capacity to not transfer the leaves in next year.
Please tell, otherwise December is about to end and all leave balances will be zero.

Hi Jyoti,
According to the Act, you have to manage the EL account with the minimum limit i.e. 30. And above to the limit, the company has to right to labs the leave.
So advice to the company maintain the minimum limit of EL and also told they do not maintain the account with zero.
.............
Kiran Arya
9899451860

Under sub section 2 of section79 of The factory act 1948 number of days leave that may be carried forward to a succeeding year shall not exceed thirty in case of adult or forty in case of child.
Bhadauria

Dear Jyoti, There is no legal provision for encashing leave accrued to a serving employee. Provision exists in Factories Act 1948 (Section 79{3}) only after termination of service. In deed the encashment of leave to a serving employee is a voluntary provision used for allowing encashment of leave in case the firm is unable to allow the employee to avail the leave. So where the firm refuses leave, the employee shall have the option to encash the leave, at least what overflows beyond the limit. But let me make it clear, looking to the stress and strain of work a prudent policy would be to allow employees to avail the leave to provide the much needed rest rather than encash the same.
Regards
KK

Carrying forward the Earned Leave to the next year can not be enforced on a company. Please note that the concept of Leave as an entitlement is based on the premise that everyone requires a break from the normal routine, partly to refresh and sometimes to meet personal needs. Therefore, the organizations which do not permit leave encashment must ensure that denial of the authorized leave to an employee is against the norms of compliance.

Hi Seniors
I am HR in a manufacturing unit in Uttarakhand I want to apply Leave System in my unit. so please tell me about Legal Leave System So that I can discuss this issue with my management.
Thanks and Regards
Jagdish Rawat

Hi Jyoti
Both teh factories Act an dteh Shops and establishments Act provide for carrying forward unavailed earned leave subject to limit prescribed unde rthe respective Acts but there is no provision for encashment of leaving during the servcie of an employee. but only at the time of termination.
B.Saikumar
Mumbai