Hello All, There are many types of Leave? Sick Leave & casual to Employee Leave and Leave Earnd should? You Help me Please regards sameer
From India, Moradabad
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From India, Moradabad
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Dear Mr. Madhu,
Thank you for your precise and accurate answer. It really enhanced my understanding. Kindly let me know under which Shops and Establishment Act Noida will be covered, and can you provide me a link?
Thanks and Regards,
Karuna Sharma
From India, New Delhi
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3Thank you for your precise and accurate answer. It really enhanced my understanding. Kindly let me know under which Shops and Establishment Act Noida will be covered, and can you provide me a link?
Thanks and Regards,
Karuna Sharma
From India, New Delhi
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I understand that Noida is in the UP District, and as such, the UP State Shops and Commercial Establishments Act will be applicable to your establishment. The Act can be viewed on the official website of the Labour Department of UP.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Hi, Devibhanu,
I am working in a private limited company and would like to know about the following topics:
1. What should be the working hours (per day/per week/per month) in a private limited company?
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays I should follow in a private limited company?
Regards,
Devibhanu
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I am working in a private limited company and would like to know about the following topics:
1. What should be the working hours (per day/per week/per month) in a private limited company?
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays I should follow in a private limited company?
Regards,
Devibhanu
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Hello sir,
I am working in a US-based MNC. The company does not provide holidays for national holidays like 2nd October. Additionally, we only receive 7 holidays in a year with no CL, EL, or any medical leaves. When we employees inquire about this, they inform us that since it is an IT company, we already have Saturday and Sunday as week offs. The company pays us on a per-day basis, which means that if we don't work on Saturday or Sunday, we do not get paid for those days. The company states that they are following U.S. employment policies. It is challenging to survive in this company. Can you please guide me regarding the proper labor laws on this topic?
Thanks,
From India, Ahmedabad
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I am working in a US-based MNC. The company does not provide holidays for national holidays like 2nd October. Additionally, we only receive 7 holidays in a year with no CL, EL, or any medical leaves. When we employees inquire about this, they inform us that since it is an IT company, we already have Saturday and Sunday as week offs. The company pays us on a per-day basis, which means that if we don't work on Saturday or Sunday, we do not get paid for those days. The company states that they are following U.S. employment policies. It is challenging to survive in this company. Can you please guide me regarding the proper labor laws on this topic?
Thanks,
From India, Ahmedabad
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Please check this source: http://www.paycheck.in/main/labour-law-india/leave-and-holidays/paid-leave
You can find the following with the heading:
# Earned & Casual Leave in India
Q1: How many leaves should be applicable in a company?
Earned leaves/ Privilege leaves, Casual Leave, Leave without pay, Compensatory off
LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT
LEAVE IN ESTABLISHMENTS COVERED UNDER THE SHOPS AND ESTABLISHMENTS ACT
ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971
BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
DELHI SHOPS AND ESTABLISHMENTS ACT, 1954
J&K SHOPS AND ESTABLISHMENTS ACT, 1966
KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961
KERALA SHOPS AND ESTABLISHMENTS ACT, 1960
MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956
PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
Haryana State to refer to Punjab Shops and Establishments Act.
RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947
Uttar Pradesh SHOPS AND ESTABLISHMENTS ACT, 1962
WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963
Q2: What is Encashment of leave?
Q3: Can an employee take leave during the notice period?
Thanks, Rajesh Agarwal
From India, Kolkata
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You can find the following with the heading:
# Earned & Casual Leave in India
Q1: How many leaves should be applicable in a company?
Earned leaves/ Privilege leaves, Casual Leave, Leave without pay, Compensatory off
LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT
LEAVE IN ESTABLISHMENTS COVERED UNDER THE SHOPS AND ESTABLISHMENTS ACT
ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971
BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
DELHI SHOPS AND ESTABLISHMENTS ACT, 1954
J&K SHOPS AND ESTABLISHMENTS ACT, 1966
KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961
KERALA SHOPS AND ESTABLISHMENTS ACT, 1960
MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956
PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
Haryana State to refer to Punjab Shops and Establishments Act.
RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947
Uttar Pradesh SHOPS AND ESTABLISHMENTS ACT, 1962
WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963
Q2: What is Encashment of leave?
Q3: Can an employee take leave during the notice period?
Thanks, Rajesh Agarwal
From India, Kolkata
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Factory workers are entitled only to one leave for every 20 days physically present during the preceding calendar year. During the first year of service, there is no provision for leave with wages under the Factories Act, and one will get leave only if he has worked for 240 days in the preceding year. This 240 days may be proportionally reduced depending upon the joining date of the worker.
Employees in shops and commercial establishments shall have leave as per the respective Shops and Commercial Establishments Act. Almost all Shops Acts have provided for 12 days of CL and 12 days of Sick Leave during the first year of service and again 12 days of EL/PL after completion of 12 months of service. That means from the second year of service onwards, an employee will get 12 CL, 12 SL, and 12 PL.
Encashment of unavailed earned leave is permitted at the time the employee leaves the company. However, where there is a maximum limit to the EL/PL which can be accumulated, the leave which may lapse can also be encashed during the service.
There is nothing in the Act which says that an employee should serve notice when he wants to leave the organization and therefore, nothing about taking leave during the notice period or adjusting the leave against the notice pay is available in the Acts. However, if the Certified Standing Orders of the company provide that during the notice period leave will not be sanctioned, it will be binding on the employees who are on the notice period. In the absence of any order or HR rule, an employee can take leave during the notice period. Again, such matters are purely departmental, and decisions should be taken on a case-to-case basis.
Madhu.T.K
From India, Kannur
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Employees in shops and commercial establishments shall have leave as per the respective Shops and Commercial Establishments Act. Almost all Shops Acts have provided for 12 days of CL and 12 days of Sick Leave during the first year of service and again 12 days of EL/PL after completion of 12 months of service. That means from the second year of service onwards, an employee will get 12 CL, 12 SL, and 12 PL.
Encashment of unavailed earned leave is permitted at the time the employee leaves the company. However, where there is a maximum limit to the EL/PL which can be accumulated, the leave which may lapse can also be encashed during the service.
There is nothing in the Act which says that an employee should serve notice when he wants to leave the organization and therefore, nothing about taking leave during the notice period or adjusting the leave against the notice pay is available in the Acts. However, if the Certified Standing Orders of the company provide that during the notice period leave will not be sanctioned, it will be binding on the employees who are on the notice period. In the absence of any order or HR rule, an employee can take leave during the notice period. Again, such matters are purely departmental, and decisions should be taken on a case-to-case basis.
Madhu.T.K
From India, Kannur
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I am working in a (MNC) private limited company. I would like to know about the following topics.
1. What should be the legal criteria for the employee termination of in a (MNC) private limited company?
2. What are the eligible criteria of VRS for permanent employee?
3. If Employee doesn’t want to leave the company, then what will be norms/ rules?
Regards
Ajay
From Singapore, Singapore
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1. What should be the legal criteria for the employee termination of in a (MNC) private limited company?
2. What are the eligible criteria of VRS for permanent employee?
3. If Employee doesn’t want to leave the company, then what will be norms/ rules?
Regards
Ajay
From Singapore, Singapore
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MNCs do not have separate labor rules; they have to follow the laws in India. For terminating an employee (worker) to whom no other employee is reporting, you should follow the retrenchment provisions given in section 25F (or 25N in case you have more than 100 employees) of the Industrial Disputes Act. VRS is purely an arrangement made by the company, and by that, you cannot force any employee to retire. In respect of employees in supervisory or managerial cadre, you can initiate termination as per the contract of employment.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear Sir/Madam,
On the last day of June 15, there was heavy rainfall, causing all our staff to be unable to report to the office due to transport cancellations. However, our management has counted this as absence and marked us as absent. Consequently, our salaries will be deducted. What steps can I take in this situation?
Thank you.
From India, Mumbai
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On the last day of June 15, there was heavy rainfall, causing all our staff to be unable to report to the office due to transport cancellations. However, our management has counted this as absence and marked us as absent. Consequently, our salaries will be deducted. What steps can I take in this situation?
Thank you.
From India, Mumbai
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Mah Shop & Est (RECS) Rules 2018.pdf