Dear Seniors, Please help me with Leave Policy as per labour law in Maharashtra, Mumbai. Does any candidate are legally eligible for the leave while they are in probation Period ? Please help me !!
From India, Mumbai
4From India, Mumbai
First of all let the forum know whether your company comes under Factories Act or under Shops and Establishment Act.
From India, Ahmadabad
From India, Ahmadabad
Dear Hetal,
The rules of leave depend whether it is a factory or a commercial establishment.
In case of Factory, every worker who has worked for more than 240 days in a year, is entitled to fully paid privilege leave in the next year at the rate of 1 day for every 20 working days. The year is a calender year and not a financial year. This facility is available to all persons including probationers.
If any person has joined in the middle of a year, say on 1-8-2013, then he is also entitled to PL in the year 2014, calculated at the above rate, but the qualifying clause of 240 days is proportionately adjusted. Meaning the employee should have worked for more that two third of the entire period. In the given example, it comes to 5 x 2/3= 3 and 1/3 months.
To have a complete idea of legal provisions, it is recommended to read Chapter 8 having Sections 78 to 84 of the Factories Act. Similar provisions are also embodied in the Maharashtra Shops and Establishments Act, in which annual leave is prescribed of 21 days.
From India, Kolhapur
The rules of leave depend whether it is a factory or a commercial establishment.
In case of Factory, every worker who has worked for more than 240 days in a year, is entitled to fully paid privilege leave in the next year at the rate of 1 day for every 20 working days. The year is a calender year and not a financial year. This facility is available to all persons including probationers.
If any person has joined in the middle of a year, say on 1-8-2013, then he is also entitled to PL in the year 2014, calculated at the above rate, but the qualifying clause of 240 days is proportionately adjusted. Meaning the employee should have worked for more that two third of the entire period. In the given example, it comes to 5 x 2/3= 3 and 1/3 months.
To have a complete idea of legal provisions, it is recommended to read Chapter 8 having Sections 78 to 84 of the Factories Act. Similar provisions are also embodied in the Maharashtra Shops and Establishments Act, in which annual leave is prescribed of 21 days.
From India, Kolhapur
My Company falls under Shops and Establishment Act.Please let me know the leave policy as per Maharashtra labour law.
From India, Mumbai
From India, Mumbai
Please read section 35 of Bombay Shops and Establishment Act which is as under
Leave with Pay and Payment of Wages
35. Leave.-7[(1)(a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days:
(b) every employee who has worked for not less than two hundred and forty days during a year 15[ irrespective of the date of commencement of his service,]15 shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:
Provided that such leave may be accumulated up to a maximum period of forty-two days.
Explanation:-The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31.]7
23[ x
x x x ]23
(2) If an employee entitled to leave under sub-section (1) 14[or (1-A)]14 is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.
(3) If an employee entitled to leave under sub-section (1)14[or (1-A)]14 is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the 5[State]5 Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. 8[The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.]8
24[(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 25[1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]24
Hope that the above has resolved your query
From India, Ahmadabad
Leave with Pay and Payment of Wages
35. Leave.-7[(1)(a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days:
(b) every employee who has worked for not less than two hundred and forty days during a year 15[ irrespective of the date of commencement of his service,]15 shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:
Provided that such leave may be accumulated up to a maximum period of forty-two days.
Explanation:-The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31.]7
23[ x
x x x ]23
(2) If an employee entitled to leave under sub-section (1) 14[or (1-A)]14 is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.
(3) If an employee entitled to leave under sub-section (1)14[or (1-A)]14 is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the 5[State]5 Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. 8[The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.]8
24[(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 25[1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]24
Hope that the above has resolved your query
From India, Ahmadabad
Hello All, Can anyone Suggest which Leave Policy will be applicable for a IT Software Company located in Gujarat? Thank you for your valuable time and consideration.
From India, Ahmedabad
From India, Ahmedabad
Generally, in case of office staff, Paid Leave is of 30 days in a year which can be accumulated up to 90 days. Apart from PL, casual Leave of 10 days is also admissible, which normally is not carried over. Depending up on the nature of work, rules are framed for for PL, minimum how many day's leave at a stretch is required to be availed, whether it can be clubbed with CL etc. There cannot be any hard and fast rules but just to administer the leave without affecting the work, certain guidelines can be framed.
From India, Kolhapur
From India, Kolhapur
Every employer has to grant leave as per the act applicable to them such as shops and establishments act or factories act or any other act under witch they are registered. So first check the registration and then check the relevant clauses. Every state has there Own Rules.so those rules should also be checked. Over and above the act or rules employer can provide better facilities.
S c Gupta
S c Gupta
Thank you for your response. According to my knowledge I have come across the rule of,
1. Casual Leave - 7 days
2. Sick Leave - 7 days
3. Privilege Leave - 21 days
According to Shops and est. Act.
Privilege Leave is applicable to employees from 1st Jan and leave is calculated on pro-rata basis.
Correct me if I am wrong.
Regards,
Rupal.
From India, Ahmedabad
1. Casual Leave - 7 days
2. Sick Leave - 7 days
3. Privilege Leave - 21 days
According to Shops and est. Act.
Privilege Leave is applicable to employees from 1st Jan and leave is calculated on pro-rata basis.
Correct me if I am wrong.
Regards,
Rupal.
From India, Ahmedabad
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Leave Policy.doc