Dear Colleagues,
As per the above provisions, every person in any establishment is entitled to sick leave (also casual leave) for a period not exceeding 12 days in twelve months of service. The act does not specify any minimum days nor mandate a specified number. It specifies only the maximum number. If that is the case, can the employer consider leave for less than 12 days? For example, whether casual leave or sick leave can be granted for only 6 days in a year.
Can an inspector insist on 12 days compulsorily as the minimum number of days? Also, can establishments consider more than the specified number of days, say 14 days if they wish, since the act specifies the maximum days. Are there any case laws on this?
Thanks in advance.
Regards,
R Kannan
From India, Madras
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As per the above provisions, every person in any establishment is entitled to sick leave (also casual leave) for a period not exceeding 12 days in twelve months of service. The act does not specify any minimum days nor mandate a specified number. It specifies only the maximum number. If that is the case, can the employer consider leave for less than 12 days? For example, whether casual leave or sick leave can be granted for only 6 days in a year.
Can an inspector insist on 12 days compulsorily as the minimum number of days? Also, can establishments consider more than the specified number of days, say 14 days if they wish, since the act specifies the maximum days. Are there any case laws on this?
Thanks in advance.
Regards,
R Kannan
From India, Madras
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Dear Mr. Kannan,
Please read the relevant sections of the Tamil Nadu Shops and Establishments Act. Section 25 deals with holidays with wages.
Section 25 reads as follows:
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months of continuous service, to holidays with wages for a period of 12 days in the subsequent twelve months.
Section 25(1) mandates that every person employed "SHALL" be entitled to 12 days of holidays with wages after rendering continuous service for twelve months. Therefore, in the case of an employee, you have no choice but to grant a minimum of 12 days of holidays with wages if the employee has worked continuously for 12 months. You cannot reduce the number of holidays with wages to less than 12 as it would violate section 25. The same reasoning applies to sick leave and casual leave as well.
With regards,
From India, Madras
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204Please read the relevant sections of the Tamil Nadu Shops and Establishments Act. Section 25 deals with holidays with wages.
Section 25 reads as follows:
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months of continuous service, to holidays with wages for a period of 12 days in the subsequent twelve months.
Section 25(1) mandates that every person employed "SHALL" be entitled to 12 days of holidays with wages after rendering continuous service for twelve months. Therefore, in the case of an employee, you have no choice but to grant a minimum of 12 days of holidays with wages if the employee has worked continuously for 12 months. You cannot reduce the number of holidays with wages to less than 12 as it would violate section 25. The same reasoning applies to sick leave and casual leave as well.
With regards,
From India, Madras
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I think the important word here is "ENTITLED". The person earns 12 days. Howmuch & when is purely upto employee & employer. The balance leave can be accumulated or encashed.
From India, Pune
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From India, Pune
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Dear Mr.Nitin It is not correct to say that "how much and when is purely upto employee and employer". This is also regulated by the Tamilnadu Shops and Establishments Act.
From India, Madras
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From India, Madras
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Harikrishnan Sir, I am working as Admin. Exe. in an Engg. company. I request you to kindly clarify the no. of days (CL / SL / EL) an employee eligible (i.e. min.) according Shops & Establishment Act.
From India, Chennai
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From India, Chennai
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I would like to draw attention to the following post from: "V. Harikrishnan - Joint Commissioner of Labour (Retired)." Your statement regarding: "The same reasoning applies to sick leave and casual leave also."
However, the following "term" is found in S.H. E. Act (TN) -::: {Not exceeding}***
Every person employed in any establishment shall also be entitled (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground. Hence, it is clear that firms have the right to establish their own leave policy concerning CL & SL. Also, SL does not apply to employees covered under ESIC.
Can you kindly review and shed more light on the subject?
Thanks!
With Regards, V. Govindarajan.
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However, the following "term" is found in S.H. E. Act (TN) -::: {Not exceeding}***
Every person employed in any establishment shall also be entitled (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground. Hence, it is clear that firms have the right to establish their own leave policy concerning CL & SL. Also, SL does not apply to employees covered under ESIC.
Can you kindly review and shed more light on the subject?
Thanks!
With Regards, V. Govindarajan.
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