As per the Shops and Establishments (S&E) Act, privilege leaves need to be carried forward until a maximum accumulated leave count as specified. In certain states, the act only refers to maximum accumulation but does not specify how many PLs can be carried forward from one year to the next if there is a balance available. In certain states, for example, the act states a maximum of 30 days can be carried forward and also refers to the maximum accumulation days, say 45.
Question:
1. Can the company decide the number of leaves to be carried forward as per their choice, or should the entire PL balance be carried forward to the next year in case there is no specification of how many leaves can be carried forward?
2. If there is a limit mentioned regarding carry forward, for example, a maximum of 30 days, can the company, on the pretext of an open statement where the minimum is not mentioned, apply their choice and say the company will transfer 5 PLs to the next year (still complies with less than 30 PL transfers), or should the entire balance of PL be transferred with a maximum cap of 30 days (as specified in the law for the state).
Question:
1. Can the company decide the number of leaves to be carried forward as per their choice, or should the entire PL balance be carried forward to the next year in case there is no specification of how many leaves can be carried forward?
2. If there is a limit mentioned regarding carry forward, for example, a maximum of 30 days, can the company, on the pretext of an open statement where the minimum is not mentioned, apply their choice and say the company will transfer 5 PLs to the next year (still complies with less than 30 PL transfers), or should the entire balance of PL be transferred with a maximum cap of 30 days (as specified in the law for the state).