Hello Everyone,
Please guide me regarding leave. Actually, I just wanted to know if non-confirmed employees of the company are eligible for leaves (casual, sick, or earned). If yes, is there any related Act or section on leave for private limited companies in India? Please share ASAP.
From India, Gurgaon
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3Please guide me regarding leave. Actually, I just wanted to know if non-confirmed employees of the company are eligible for leaves (casual, sick, or earned). If yes, is there any related Act or section on leave for private limited companies in India? Please share ASAP.
From India, Gurgaon
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Required more details about the query. Where is your company located and what type of company is yours to provide appropriate details? Is it a factory or a shops and establishment?
Check your state's shops and establishment act, Section 25, to know about the leave details.
TN shops and establishment act states the following:
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 period of twelve months: provided that such holidays with wages may be accumulated up to a maximum of twenty-four days.
(2) Every person employed in any establishment shall also be entitled during their first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service:
(a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by them, and
(b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.
From India, Chennai
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Check your state's shops and establishment act, Section 25, to know about the leave details.
TN shops and establishment act states the following:
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 period of twelve months: provided that such holidays with wages may be accumulated up to a maximum of twenty-four days.
(2) Every person employed in any establishment shall also be entitled during their first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service:
(a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by them, and
(b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.
From India, Chennai
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I Am Contractual Employees In The Ministry Under The Contractor, No Casual Leave, No Medical Leave Etc..... Provide By The Contractor Since Last 5 Years, no leave, nothing
From India, Delhi
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From India, Delhi
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Thanks Divakar, My company is located in Gurgaon location and it’s a MNC (Japanese Company). If their is any particular section or Act no. please share it..
From India, Gurgaon
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From India, Gurgaon
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You have not said whether your company is a manufacturing unit or an IT/ITES type. There is no sick leave or casual leave prescribed in the Factories Act. As per Section 79 of the Factories Act, an employee will earn one day of leave for every 20 days of work performed. An employee will be eligible for those leaves after completion of 240 days or more in a calendar year.
Section 14 of the Punjab Shops and Establishment Act states the following:
14. LEAVE.-
(1) (a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days.
(4) Notwithstanding anything contained in the foregoing sub-sections, every employee in an establishment shall be allowed seven days of casual leave and seven days of sick leave in a year.
From India, Chennai
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Section 14 of the Punjab Shops and Establishment Act states the following:
14. LEAVE.-
(1) (a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days.
(4) Notwithstanding anything contained in the foregoing sub-sections, every employee in an establishment shall be allowed seven days of casual leave and seven days of sick leave in a year.
From India, Chennai
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Thanks, Company Detail: Right now the company is Trading Company(only sale the product). Please tell me that the employee who is not-confirmed by the company is eligible for any type of leave.
From India, Gurgaon
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From India, Gurgaon
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Your company will fall under the Shops and Establishments Act. Please purchase a book on the above act and keep it with you or in your company.
Even if an employee is not confirmed, you are supposed to provide 7 days of casual leave and 7 days of sick leave with wages in a year. You can calculate it on a pro-rata basis and provide it from the date of joining, as 14 days are for the whole year. They may not be eligible for earned leaves unless they complete a year.
From India, Chennai
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Even if an employee is not confirmed, you are supposed to provide 7 days of casual leave and 7 days of sick leave with wages in a year. You can calculate it on a pro-rata basis and provide it from the date of joining, as 14 days are for the whole year. They may not be eligible for earned leaves unless they complete a year.
From India, Chennai
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As per law the leaves entitlement has no relation with confirmation.It is governed by the respective laws on leaves.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Mr. Varghese, Can you please elaborate, how leave entitlement has no relation with confirmation? Can you please share Act or section against this law?
From India, Gurgaon
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From India, Gurgaon
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There is no law at the national level on how and when an employee should be confirmed except for the word 'probationer' in the standing orders Act. This will not be applicable to non-workmen and to all employees of establishments where the SO Act is not applicable. In such cases, the HR policies or terms of appointment order will govern the issue of probation or confirmation.
Leaves for employees in factories are governed by Section 79 of the Factories Act. As per this, any worker who has worked for a period of 240 days in the previous year shall be given leave in the next year at one for every twenty working days irrespective of whether the worker is confirmed or not.
Section 52 of the Mines Act has a provision for leave wherein there is no requirement of confirmation.
Leaves in other sectors are governed by the respective state's Shops and Commercial Est Acts. You may check with your state's Act. I do not think that confirmation is a condition for leave in any of the state Acts.
Maternity leave/benefits are governed by Rule 56 of ESI rules or Section 5 of the Maternity Benefit Act as the case may be. These provisions also do not mention confirmation other than contributory or service conditions.
From India, Thiruvananthapuram
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Leaves for employees in factories are governed by Section 79 of the Factories Act. As per this, any worker who has worked for a period of 240 days in the previous year shall be given leave in the next year at one for every twenty working days irrespective of whether the worker is confirmed or not.
Section 52 of the Mines Act has a provision for leave wherein there is no requirement of confirmation.
Leaves in other sectors are governed by the respective state's Shops and Commercial Est Acts. You may check with your state's Act. I do not think that confirmation is a condition for leave in any of the state Acts.
Maternity leave/benefits are governed by Rule 56 of ESI rules or Section 5 of the Maternity Benefit Act as the case may be. These provisions also do not mention confirmation other than contributory or service conditions.
From India, Thiruvananthapuram
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