Legal Question in Employment Law in India

excess leave
factories act provides that unavailed leaves need to be accumulated and carried forward to the next year and that these canot be accumulated in excess of 30 days.now if the accumulation of earned leave exceeds 30, whether the company should encash the excess leaves as practically the workers are neither aware that they can take long leaves nor are they permitted considering the work load.if the company lapses the excess leaves and carries forward only 30. is it in compliance with the law

Asked on 6/13/07, 1:26 am

Vivek Mapara Mapara Law Firm

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Re: excess leave

The excess leave can be encashed only if it can be shown then workmen was not able to enjoy his earned leave due to employer mistake.

But if the worker did not himself avail the benefit of leave, then he is not entitled for encashment

Answered on 6/13/07, 5:06 am

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