hi
according to me some leaves are right of employee eg. CL but some leaves are facility provided by the employer to the their employees. eg. PL, medical leave...........etc
these are also includes in benefits.
From India, New Delhi
according to me some leaves are right of employee eg. CL but some leaves are facility provided by the employer to the their employees. eg. PL, medical leave...........etc
these are also includes in benefits.
From India, New Delhi
Hi, Casual Leaves are the benefits provided by the Organization, and are framed up as per the Organization’s policy, But Paid Leaves are like Rights of an Employee. Regards Hits Team
From India, Raurkela
1From India, Raurkela
Dear All,
If your establishment is required to grant earned leave i.e 1 day leave for every 20 days worked in a calendar year. This EL gets credited to employees account in subsequent year. EL is a matter of right.
But other leaves such as CL, Medical leave etc are benefits.
If the employee is covered under Employees State Insurance Act then Medical leave also becomes a matter of right. (But your establishment should be covered under ESI act also).
Trust matter is clarified
M.V.KANNAN
From India, Madras
If your establishment is required to grant earned leave i.e 1 day leave for every 20 days worked in a calendar year. This EL gets credited to employees account in subsequent year. EL is a matter of right.
But other leaves such as CL, Medical leave etc are benefits.
If the employee is covered under Employees State Insurance Act then Medical leave also becomes a matter of right. (But your establishment should be covered under ESI act also).
Trust matter is clarified
M.V.KANNAN
From India, Madras
There is a great difference between entitlement of leave to an employee and claim by him or grant of leave by the management.
Leave cannot be claimed as a matter of right by an employee. Any kind of leave is granted at the convenience of the management and in the interest of service of the organization. Grant of leave can be refused, curtailed, or withdrawn by the management in the interest of service. So, leave may be the entitlement of an employee, but is as a benefit to him, which can be declined at a particular time keeping the interest of service in view. Had it been a right mass scale leave by employees can turn the organization shut down at the time of some crisis or conflict between the management and workers.
From India, Delhi
Leave cannot be claimed as a matter of right by an employee. Any kind of leave is granted at the convenience of the management and in the interest of service of the organization. Grant of leave can be refused, curtailed, or withdrawn by the management in the interest of service. So, leave may be the entitlement of an employee, but is as a benefit to him, which can be declined at a particular time keeping the interest of service in view. Had it been a right mass scale leave by employees can turn the organization shut down at the time of some crisis or conflict between the management and workers.
From India, Delhi
Dear All
As per the company's policies leaves is a right or benefit it varies. some place say in govt organizations the Maternity leaves are more as compared to a private organization its purily a benefit that a company gives same way the men are also entiteled for the maternity leaves but 10 days is in govt organization. if we talk about the rights and benefits the employee side will obviously demand the leaves on both the clause.
As per me i think CL is a right and Maternity or any other leaves is a benefit which is bided with the organization policies.
From India, Delhi
As per the company's policies leaves is a right or benefit it varies. some place say in govt organizations the Maternity leaves are more as compared to a private organization its purily a benefit that a company gives same way the men are also entiteled for the maternity leaves but 10 days is in govt organization. if we talk about the rights and benefits the employee side will obviously demand the leaves on both the clause.
As per me i think CL is a right and Maternity or any other leaves is a benefit which is bided with the organization policies.
From India, Delhi
Annual Leave may be considered as Right as well as a Privilege/ Benefit of an employee upon fulfilment of certain conditions. For factories, the Factories Act regulates the leave entitlement of a workman and in other service industry / establishments, the Shops & Commercial Establishment Act regulates the same for its employees. For reference of the young HR Executives, the relevant portion from S&CE Act is reproduced below:
Quote
Chapter IV
14. Annual leave with Wages:-(1) Every employee who has worked for a period of 240 days or more in an establishment during a calendar year, shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -(1)if any adult, one day for every twelve days of work performed by him during the previous calendar year; ....
Unquote
Under the Factories Act, the eligibility vary from 1 day for every twenty days of work...
Further, it is the prerogative of any employer either to stick to the minimum entitlement or to exceed its limit. As such, it may be referred as the minimum annual leave is a 'right' of an employee subject to the condition that he worked for the required period. However, in most of the organizations, leaves (Annual/Privilege Leave, Casual Leave, Medical Leave, etc. )are considered as benefits to the employees and credited to his account and are controlled/monitored through Leave Policy. Maternity leave is also a benefit of married female employees in any organization, which is regulated through the Maternity Benefit Act, 1961.
From India, Jaipur
Quote
Chapter IV
14. Annual leave with Wages:-(1) Every employee who has worked for a period of 240 days or more in an establishment during a calendar year, shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -(1)if any adult, one day for every twelve days of work performed by him during the previous calendar year; ....
Unquote
Under the Factories Act, the eligibility vary from 1 day for every twenty days of work...
Further, it is the prerogative of any employer either to stick to the minimum entitlement or to exceed its limit. As such, it may be referred as the minimum annual leave is a 'right' of an employee subject to the condition that he worked for the required period. However, in most of the organizations, leaves (Annual/Privilege Leave, Casual Leave, Medical Leave, etc. )are considered as benefits to the employees and credited to his account and are controlled/monitored through Leave Policy. Maternity leave is also a benefit of married female employees in any organization, which is regulated through the Maternity Benefit Act, 1961.
From India, Jaipur
I fully concur with Mr. Dhingra.
However, No Management will give paid leave to an employee, if there is no provision of it in the law. In private sector only that much leave is allowed to employees, as much provided under law. No Less - No More.
So in that term it can be said that leave is a statutory right of the employees but at the discretion of the employer.
From India, Chandigarh
However, No Management will give paid leave to an employee, if there is no provision of it in the law. In private sector only that much leave is allowed to employees, as much provided under law. No Less - No More.
So in that term it can be said that leave is a statutory right of the employees but at the discretion of the employer.
From India, Chandigarh
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