Dear Seniors,
Yesterday, I heard that according to the Shops and Establishment Act and Factory Act, an employee should receive a minimum of 12 SL/CL and at least 15 PL. Additionally, I learned that an employer cannot require their employee to work for more than 48 hours in a week, meaning 8 hours per day on average. If an employee is asked to work for 9 hours for 5 continuous days, they have the right to only work for 3 hours on the 6th day. Moreover, if an employee works beyond their shift time, the employer must pay double the salary for the extra hours. Now, my questions are:
1. Are the above-mentioned statements true?
2. If yes, is there a provision for granting 12 PL (Vacations)?
3. Can an employer schedule a 9-hour shift per day (6 days a week) regularly?
4. Can an employee take any action against my company's policy?
Please provide clarity on this matter as my company offers 10 national holidays, 12 Vacations, and 6 Sick days. The current shift timing is 9:30 am to 6:00 pm (with a plan to change to 9 am to 6:30 pm). There are no other leaves such as maternity leave or study leave. Moreover, there is no policy for compensatory time off if an employee has to work on their week off for office-related tasks.
It would be greatly appreciated if you could elaborate on the minimum leave policy, working hours, weekly offs, and other mandatory requirements for the company.
Kindly assist as our company's policy is set to be implemented soon.
Thank you.
From India, New Delhi
Acknowledge(0)
Amend(0)
1Yesterday, I heard that according to the Shops and Establishment Act and Factory Act, an employee should receive a minimum of 12 SL/CL and at least 15 PL. Additionally, I learned that an employer cannot require their employee to work for more than 48 hours in a week, meaning 8 hours per day on average. If an employee is asked to work for 9 hours for 5 continuous days, they have the right to only work for 3 hours on the 6th day. Moreover, if an employee works beyond their shift time, the employer must pay double the salary for the extra hours. Now, my questions are:
1. Are the above-mentioned statements true?
2. If yes, is there a provision for granting 12 PL (Vacations)?
3. Can an employer schedule a 9-hour shift per day (6 days a week) regularly?
4. Can an employee take any action against my company's policy?
Please provide clarity on this matter as my company offers 10 national holidays, 12 Vacations, and 6 Sick days. The current shift timing is 9:30 am to 6:00 pm (with a plan to change to 9 am to 6:30 pm). There are no other leaves such as maternity leave or study leave. Moreover, there is no policy for compensatory time off if an employee has to work on their week off for office-related tasks.
It would be greatly appreciated if you could elaborate on the minimum leave policy, working hours, weekly offs, and other mandatory requirements for the company.
Kindly assist as our company's policy is set to be implemented soon.
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Mannat,
This is not only the case of your company, but this is the scenario of every organization. However, the best thing that can be done is to seek help from the higher authority and encourage everyone to discuss this with the employer. Make sure that you are not the only one; involve everyone and ask all employees to address the issue. If they still do not agree, you have every right to take severe action and let them face the consequences.
From India, Jaipur
Acknowledge(0)Amend(0)
This is not only the case of your company, but this is the scenario of every organization. However, the best thing that can be done is to seek help from the higher authority and encourage everyone to discuss this with the employer. Make sure that you are not the only one; involve everyone and ask all employees to address the issue. If they still do not agree, you have every right to take severe action and let them face the consequences.
From India, Jaipur
Acknowledge(0)Amend(0)
Hi Bhawna,
Thank you for your reply.
Yesterday, I was sitting with my senior management to prepare this policy. I have offered a few other benefits for employees, but they are not agreeing to them. I have informed my seniors that what I am proposing aligns with standard industry norms, but they have denied it, stating that it would be like creating a new industry. Now, I just wanted to know if my company policy is ethically correct. I don't believe that this policy would make any employee happy or willing to work. After discussing with senior management, I spoke with a few senior employees in my company, and they are also not pleased with it. They mentioned that according to this policy, any employee could take action against the company as it is their right under the Shops and Establishment Act.
I am completely confused about what to do. We have very few employees in my company, around 12, including the directors, CEO, and all. The employees are requesting mediclaim and PF as well. Now, I am unsure about how to resolve this situation.
Please help.
From India, New Delhi
Acknowledge(0)Amend(0)
Thank you for your reply.
Yesterday, I was sitting with my senior management to prepare this policy. I have offered a few other benefits for employees, but they are not agreeing to them. I have informed my seniors that what I am proposing aligns with standard industry norms, but they have denied it, stating that it would be like creating a new industry. Now, I just wanted to know if my company policy is ethically correct. I don't believe that this policy would make any employee happy or willing to work. After discussing with senior management, I spoke with a few senior employees in my company, and they are also not pleased with it. They mentioned that according to this policy, any employee could take action against the company as it is their right under the Shops and Establishment Act.
I am completely confused about what to do. We have very few employees in my company, around 12, including the directors, CEO, and all. The employees are requesting mediclaim and PF as well. Now, I am unsure about how to resolve this situation.
Please help.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Seniors, please reply on this. Also, please let me know that we are a Service Providers Company. So, which act would be applied for our company? Shops and Establishment Act or what?
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Seniors, Plzzzzzzzzzzzzzzzzzzzzzzzzz reply as fast as you can... My seniors are asking for the same from me... I don;'t even know as to what to answer them.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Mannat,
Your statement given above is absolutely correct. You will be covered under the Delhi Shops and Establishment Act. The leave which you have mentioned in your statement is also accurate.
The answer to your first question is yes. The answer to the second question is no. The answer to question 3 is yes, but the working hours should not exceed 9 hours per day and 48 hours per week.
The answer to question 4 is yes. Now, regarding shift working from 9:30 to 6:30, the management can implement this for all six days, but there should be a one-hour break for lunch.
As per the Delhi Shops and Establishment Act, the spreadover can be up to 12 hours every day, but the actual working hours should not exceed 9 hours per day and 48 hours per week.
Thank you,
J S Malik
From India, Delhi
Acknowledge(0)Amend(0)
Your statement given above is absolutely correct. You will be covered under the Delhi Shops and Establishment Act. The leave which you have mentioned in your statement is also accurate.
The answer to your first question is yes. The answer to the second question is no. The answer to question 3 is yes, but the working hours should not exceed 9 hours per day and 48 hours per week.
The answer to question 4 is yes. Now, regarding shift working from 9:30 to 6:30, the management can implement this for all six days, but there should be a one-hour break for lunch.
As per the Delhi Shops and Establishment Act, the spreadover can be up to 12 hours every day, but the actual working hours should not exceed 9 hours per day and 48 hours per week.
Thank you,
J S Malik
From India, Delhi
Acknowledge(0)Amend(0)
Hi Malik,
Thanks a lot for your reply. Please tell me one more thing: what other provisions are included in the Shops and Establishments Act that are mandatory for all companies? In other words, what facilities or benefits must an employer provide to an employee as per the law?
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks a lot for your reply. Please tell me one more thing: what other provisions are included in the Shops and Establishments Act that are mandatory for all companies? In other words, what facilities or benefits must an employer provide to an employee as per the law?
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Mannat,
If any organization has 20 or more employees, the organization should pay PF. So your organization has only 13 employees. Therefore, your organization is not covered under the PF act. If you wish to provide medical insurance to your employees, you can offer that as part of welfare activities.
Regards,
Srihariraju
From India, Pune
Acknowledge(0)Amend(0)
If any organization has 20 or more employees, the organization should pay PF. So your organization has only 13 employees. Therefore, your organization is not covered under the PF act. If you wish to provide medical insurance to your employees, you can offer that as part of welfare activities.
Regards,
Srihariraju
From India, Pune
Acknowledge(0)Amend(0)
Hi,
Please let me know if my company policy is correct as per the Shops and Agreement Act. As per my company policy, all employees are entitled to 12 vacation days, 6 sick leaves, and 10 national holidays. That's it... No other leaves or benefits are provided. Even if an employee is asked to work on their week off day, the company will not provide any extra time off. I will discuss mediclaim with them. Please advise on what is mandatory for an employer to provide to an employee. If we implement the above-mentioned policy, what harm could it cause to my company? I would like to understand how many leaves an employee should be entitled to, the required working hours, the number of national holidays to be given to the employee, and so on.
Please suggest. I am waiting for your guidance and suggestions.
From India, New Delhi
Acknowledge(0)Amend(0)
Please let me know if my company policy is correct as per the Shops and Agreement Act. As per my company policy, all employees are entitled to 12 vacation days, 6 sick leaves, and 10 national holidays. That's it... No other leaves or benefits are provided. Even if an employee is asked to work on their week off day, the company will not provide any extra time off. I will discuss mediclaim with them. Please advise on what is mandatory for an employer to provide to an employee. If we implement the above-mentioned policy, what harm could it cause to my company? I would like to understand how many leaves an employee should be entitled to, the required working hours, the number of national holidays to be given to the employee, and so on.
Please suggest. I am waiting for your guidance and suggestions.
From India, New Delhi
Acknowledge(0)Amend(0)
Mannat,
The companies usually give 12 hours of vacation and 6 hours of sick leave. If you wish to provide additional benefits to the employees, you may consider introducing comp time off for the employees. For example, if an employee works on a Saturday and does not have a holiday, and then works on a Sunday, they should be entitled to a comp day off. You can discuss with your supervisor the number of hours of work that would earn an employee a comp day off. This initiative not only motivates the employees but also contributes to the organization.
Please let me know if you need any further assistance.
From India, Bangalore
Acknowledge(0)Amend(0)
The companies usually give 12 hours of vacation and 6 hours of sick leave. If you wish to provide additional benefits to the employees, you may consider introducing comp time off for the employees. For example, if an employee works on a Saturday and does not have a holiday, and then works on a Sunday, they should be entitled to a comp day off. You can discuss with your supervisor the number of hours of work that would earn an employee a comp day off. This initiative not only motivates the employees but also contributes to the organization.
Please let me know if you need any further assistance.
From India, Bangalore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
How to write HR policy.pdf