Hi Seniors,
I work for a health care BPO in Chennai. Our leave policy is stringent as we only have 12 days of CL in addition to 10 days of declared national holidays. Any CL taken before or after a weekend or any declared holiday is considered as LOP for all the days, including the weekend or declared holiday. There are no sick leave, PL, EL, etc.
Can we continue with such a policy? Is it correct to have such a policy? What should be the leaves as per acts?
Kindly enlighten on this.
Regards,
R. Kavitha
From India, Chennai
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2I work for a health care BPO in Chennai. Our leave policy is stringent as we only have 12 days of CL in addition to 10 days of declared national holidays. Any CL taken before or after a weekend or any declared holiday is considered as LOP for all the days, including the weekend or declared holiday. There are no sick leave, PL, EL, etc.
Can we continue with such a policy? Is it correct to have such a policy? What should be the leaves as per acts?
Kindly enlighten on this.
Regards,
R. Kavitha
From India, Chennai
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You need to follow the Tamil Nadu Shop and Establishment Act. The act requires you to give 12 days of CL, 12 days of Sick Leave, and 12 days of PL (after completion of 1 year of work). There is also a provision for carry forward of the leave.
You are required under the rules to give time off for the 3 national holidays (26 Jan, 15 August, 2 Oct) and 5 additional days in consultation with workers. This is the minimum requirement, so you are already in violation of the law.
Furthermore, if anyone takes leave (or is absent) before or after the holiday, it cannot be counted as paid leave. However, if the employee takes leave both before and after the holiday, the holiday will be counted as leave.
From India, Mumbai
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You are required under the rules to give time off for the 3 national holidays (26 Jan, 15 August, 2 Oct) and 5 additional days in consultation with workers. This is the minimum requirement, so you are already in violation of the law.
Furthermore, if anyone takes leave (or is absent) before or after the holiday, it cannot be counted as paid leave. However, if the employee takes leave both before and after the holiday, the holiday will be counted as leave.
From India, Mumbai
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Dear Saswata,
Instead of 03 National Paid Holidays, as mentioned in your post on 29th Dec '14, it should be 04 National Paid Holidays. The 4th one is 1st May (i.e. Labour Day). Please correct me if I'm wrong.
Thanks,
Anil Kumar Sharma
From India, Pune
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Instead of 03 National Paid Holidays, as mentioned in your post on 29th Dec '14, it should be 04 National Paid Holidays. The 4th one is 1st May (i.e. Labour Day). Please correct me if I'm wrong.
Thanks,
Anil Kumar Sharma
From India, Pune
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Hi,
As per the Tamil Nadu Industrial Establishment National and Festival Holidays Act 1958 and Rules 1959, only three national holidays are provided for. May 1, or Labour Day, is not listed. Actually, it's not considered a national holiday. I think the same rule applies to establishments.
From India, Mumbai
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As per the Tamil Nadu Industrial Establishment National and Festival Holidays Act 1958 and Rules 1959, only three national holidays are provided for. May 1, or Labour Day, is not listed. Actually, it's not considered a national holiday. I think the same rule applies to establishments.
From India, Mumbai
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Like many other states, in Tamil Nadu also May 1st is a national holiday. Madhu.T.K
From India, Kannur
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From India, Kannur
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Agreed with experts/members. BPO are covered by Shops and Commercial Establishment Act and establishment can not offer inferior benefit but can offer superior benefit
From India, Chandigarh
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From India, Chandigarh
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As per the Tamil nadu national and festival holidays act, 1st may is not a national or even compulsory holiday
From India, Mumbai
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From India, Mumbai
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Hmm I saw the same act and rules on one of the website and it didnt have May 1st ..... My appologies. Apparently, it was updated in 1970 to include May 1st...
From India, Mumbai
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From India, Mumbai
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Hi We got a copy of holidays list from the labour department. Closed holidays list includes 4 national holidays and 5 festival holidays
From India, Chennai
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From India, Chennai
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Dear Kavita,
Sick leave is not mandatory for those who are under ESI benefits. I assume your Gross (ESI Gross is below Rs 15000/-). You can apply for payment through ESI for LOP due to sickness. Furthermore, PL is not mandatory until you complete one year.
Public holidays vary from state to state.
Thank you.
From India, Bangalore
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Sick leave is not mandatory for those who are under ESI benefits. I assume your Gross (ESI Gross is below Rs 15000/-). You can apply for payment through ESI for LOP due to sickness. Furthermore, PL is not mandatory until you complete one year.
Public holidays vary from state to state.
Thank you.
From India, Bangalore
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I have the following query.
A friend of mine works in a private college in Mumbai. She had applied for casual leave after taking the leave in the proper manner as prescribed by the college.
Query: Whether the principal of the college can deny the casual leave on the ground that casual leave is not a matter of right and that this has to be applied and approved before taking the leave.
While referring to the Maharashtra Employees of Pvt School conditions of service, rule no. 16 states that "Leave shall not be claimed as a matter of right. Discretion to grant, refuse or cancel leave (other than casual leave) is reserved." Does this mean that taking casual leave is a right of the employee? Or that it is not a right of the employee unless applied in advance and sanctioned?
Why is it mentioned "Other than casual leave" - does it then mean that taking casual leave is a matter of right?
Kindly provide your valuable feedback from those in this sector.
DC BABU
From India, Secunderabad
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A friend of mine works in a private college in Mumbai. She had applied for casual leave after taking the leave in the proper manner as prescribed by the college.
Query: Whether the principal of the college can deny the casual leave on the ground that casual leave is not a matter of right and that this has to be applied and approved before taking the leave.
While referring to the Maharashtra Employees of Pvt School conditions of service, rule no. 16 states that "Leave shall not be claimed as a matter of right. Discretion to grant, refuse or cancel leave (other than casual leave) is reserved." Does this mean that taking casual leave is a right of the employee? Or that it is not a right of the employee unless applied in advance and sanctioned?
Why is it mentioned "Other than casual leave" - does it then mean that taking casual leave is a matter of right?
Kindly provide your valuable feedback from those in this sector.
DC BABU
From India, Secunderabad
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Leave of any kind is not a right of an employee. When it relates to schools regulated by education rules, you cannot take it as a right. However, in certain cases, the courts have ruled that leave is a right of a worker. Please refer to the same definition of a worker as given in the Industrial Disputes Act for this as well.
I differ from Sojan regarding sick leave for ESI-covered employees. Nowhere in the Shops Act or other Acts is it mentioned that sick leave is applicable only to employees not covered by ESI. Therefore, if your state's Shops Act provides for sick leave, it should be given to all, including those under ESI. Employees under ESI will receive sickness benefits subject to certain conditions, such as being available only during the benefit period, having paid at least 78 days of contribution during the contribution period, not receiving benefits for the first two days (unless they fall sick within 15 days of the first spell of sickness), and the benefit amount being around 70% (recently presumed to be 90%) of the average wages, etc.
Madhu.T.K
From India, Kannur
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I differ from Sojan regarding sick leave for ESI-covered employees. Nowhere in the Shops Act or other Acts is it mentioned that sick leave is applicable only to employees not covered by ESI. Therefore, if your state's Shops Act provides for sick leave, it should be given to all, including those under ESI. Employees under ESI will receive sickness benefits subject to certain conditions, such as being available only during the benefit period, having paid at least 78 days of contribution during the contribution period, not receiving benefits for the first two days (unless they fall sick within 15 days of the first spell of sickness), and the benefit amount being around 70% (recently presumed to be 90%) of the average wages, etc.
Madhu.T.K
From India, Kannur
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Leave and Holiday Policy.doc