The Jammu and Kashmir Shops and Establishments (Licensing, Regulation of Employment and Conditions of Service) Act, 2025
Chapter IV LEAVE AND HOLIDAYS
Labour202536 sections9 chapters
Chapter IV LEAVE AND HOLIDAYS
16. Annual leave, casual and sick leave and other holdings.
Statutory text
- (1) Every worker engaged in shop and establishment shall be entitled to a weekly holiday with wages: Provided that the provision of weekly off shall not apply to certain shops and establishments as may be notified by the Labour Commissioner. This arrangement shall not dis-entitle the worker from getting weekly holiday with wages.
- (2) Every worker shall be entitled to fourteen days casual leave with wages in every calendar year which shall lapse after the end of calendar year.
- (3) Every worker who has worked for a period of two hundred and forty days or more in a shop or establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
- (4) Every worker shall be permitted to accumulate earned leave up to a maximum of thirty day.
- (5) Where the employer refuses to sanction the leave due when applied fifteen days in advance, then the worker shall have a right to encash the leave in excess of thirty days: Provided that if a worker is entitled to leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.
- (6) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, the Independence Day, Republic Day and Gandhi Jayanti and five such other festival holidays as may be agreed to between the employer and the workers, before the commencement of the Calendar year.
- (7) For the purpose of sub-section (3)- a) any day of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946; b) in the case of a female worker, the maternity leave under the provisions of the Maternity Benefits Act, 1961; c) the leave earned in the year prior to that in which the leave is availed; or d) the absence of the worker due to temporary disablement caused by accident arising out of and in the course of his employment, shall be counted for calculation of leaves.
- (8) The leave admissible under sub-section (3) shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
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