The leave policy of the establishment can not provide for provisions inferior to the provisions of enactments applicable to the establishment……………..e.g; Shops and Commercial Establishments Act in case of Commercial Establishment.
This Act is state Act may not necessarily differentiate between kinds of leave and may only define Annual leave……………..that can be encashed.
Go thru the enactment that is applicable to your establishment.
If leave is not availed and accummulated leave shall lapse,then avail the leave and enjoy with the family and near and dear ones.
The leave policy can be devised as per negotiated settlement between employees and employer, standing orders………………………….however againit can not provide for provisions inferior to the provisions of enactments applicable to the establishment.
As per ID Act employees can form ‘Works Committee’ that is also an authority as per ID Act, and it has President from the side of employees and equal no. of employees as member.
Employee’s can form unions, Internal Council and afflliate with Trade Unions e.g. CITU/INTUC/AITUC/BMS etc……………
The negotiated settlement may provide for encashment of any kind of leave and may provide for that any leave can be adjusted against notice peiod etc…………..
Therefore unite and negotiate.
