Greetings To all,
We are working on leave policy as our organisation has not any framed leave policy yet. My comapny has decided to give 30 total EL in a year. My company is covered with shops and establishment act. I want to know if employee has joined middle in the year and he/she is under probation how to credit leave to those employess. Need suggestions.
Regards
From India, Mumbai
26We are working on leave policy as our organisation has not any framed leave policy yet. My comapny has decided to give 30 total EL in a year. My company is covered with shops and establishment act. I want to know if employee has joined middle in the year and he/she is under probation how to credit leave to those employess. Need suggestions.
Regards
From India, Mumbai
Please research Leave policy and you will get ample Leave Policies, you will get an idea how to go about it by reading and understanding them. I would have given you the answer but I believe not to give ready made platter but the member learn by themselves. If you still have problem in understanding please let us know we will be glad to help you out.
From India, Ahmadabad
From India, Ahmadabad
@Saji Thanks for your reply. I would like to inform you that i have gone through with citehr different policy on leave. I need little help to make my policy more better. I just want to know do i need credit leave to employees for probation period as per the act there are only EL which we provide.
Regards
From India, Mumbai
Regards
From India, Mumbai
The EL/PL eligibility is minimum 240 days tenure with the company. If your company would like to give on pro rata basis you can give credit. Please refer your State S&E Act or Factory Act for further knowledge gaining
From India, Ahmadabad
From India, Ahmadabad
Thaks for your prompt response. I am drafting a policy as per S & E mumbai act where employee will be eligible for El after getting confirmed. Plese correct if wrong. Regards
From India, Mumbai
From India, Mumbai
Dear Pandeysupriya,
When you are drafting / forming any policy, you must refer all the applicable laws to you. Understand certain terms defined and undefined therein.
You are forming leave policy. You should first find out what kind of leave you are liable to give to your employees and the minimum quantum. Under what enactment you are liable to give those leave and what are the conditions attached to it.
In general, any law / enactment and rules attaced thereto, are not specific and subjected to interpretation. You need to have expertization in interpretation of law when you assumed to be doing such kind of job yourself.
You need to understand the meaning of EARNED LEAVE.
To entitle for Earned leave, one has to work for it. Generally this kind of leave is earned by a person by working in previous year. When you understand all such things, you will get the answer to your questions whether the employee will get EL during probation or not, what quantum of EL to be credited or given when the employee joins in between the year.
Dear Queriest, It is not my intention not to give you specific answers but understand that there is no specific answer.
I support our learned member Mr. Sajji, who said members should learn themselves.
From India, Mumbai
When you are drafting / forming any policy, you must refer all the applicable laws to you. Understand certain terms defined and undefined therein.
You are forming leave policy. You should first find out what kind of leave you are liable to give to your employees and the minimum quantum. Under what enactment you are liable to give those leave and what are the conditions attached to it.
In general, any law / enactment and rules attaced thereto, are not specific and subjected to interpretation. You need to have expertization in interpretation of law when you assumed to be doing such kind of job yourself.
You need to understand the meaning of EARNED LEAVE.
To entitle for Earned leave, one has to work for it. Generally this kind of leave is earned by a person by working in previous year. When you understand all such things, you will get the answer to your questions whether the employee will get EL during probation or not, what quantum of EL to be credited or given when the employee joins in between the year.
Dear Queriest, It is not my intention not to give you specific answers but understand that there is no specific answer.
I support our learned member Mr. Sajji, who said members should learn themselves.
From India, Mumbai
Dear all
To entitle for Earned leave, one has to work for it some specified period .Under Factory Act leave is earned by a person by working 240 days in previous year.
Shops Act of State provide for certain period
eg Delhi Shops & Establishment Sec.22 (a) provides 15 days PL/EL after having served 12 month .
sub section (2) contains provisions
if employee has competed total period of FOUR month in continuous employment , he shall be entitled to 5 days privileged leave for period every such completed period.
Punjab Shop & Establishment Section 14 (1) states every employee who has been in employment for not less tah 20 days in a year shall be entitled to one days earned leave for evey such 20 days.
There is no such conditions that employee should have been in continuous employment of 240 days in the preceding during twelve months.
thanks &Regards
RL Dhingra, Advocate, Delhi,
Labour Law Consultant, 09818309937 E-mail:rld_498@rediffmail.com
From India, Delhi
To entitle for Earned leave, one has to work for it some specified period .Under Factory Act leave is earned by a person by working 240 days in previous year.
Shops Act of State provide for certain period
eg Delhi Shops & Establishment Sec.22 (a) provides 15 days PL/EL after having served 12 month .
sub section (2) contains provisions
if employee has competed total period of FOUR month in continuous employment , he shall be entitled to 5 days privileged leave for period every such completed period.
Punjab Shop & Establishment Section 14 (1) states every employee who has been in employment for not less tah 20 days in a year shall be entitled to one days earned leave for evey such 20 days.
There is no such conditions that employee should have been in continuous employment of 240 days in the preceding during twelve months.
thanks &Regards
RL Dhingra, Advocate, Delhi,
Labour Law Consultant, 09818309937 E-mail:rld_498@rediffmail.com
From India, Delhi
Dear Paneysupriya,
The eligibility of statutory leave (EL or PL) is 240 working days at present. If a employee worked for 240 days he will be eligible to earn leave 1 day for every 20 days subject depend upon his actual number of days worked in the preceding year. This will be the same for probationer or confirmed . Now your query is how to give the credit, if a employee is joined in the middle of the year. As per the act, if a employee joined in the middle of the year his eligibility of earned leave shall be minimum completion of two third working days from the date of his joining to till the end of the year.. Your company is decided to give 30 days in a year and then you can calculate ONE day for every ten working days. I think it is clear to you.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
The eligibility of statutory leave (EL or PL) is 240 working days at present. If a employee worked for 240 days he will be eligible to earn leave 1 day for every 20 days subject depend upon his actual number of days worked in the preceding year. This will be the same for probationer or confirmed . Now your query is how to give the credit, if a employee is joined in the middle of the year. As per the act, if a employee joined in the middle of the year his eligibility of earned leave shall be minimum completion of two third working days from the date of his joining to till the end of the year.. Your company is decided to give 30 days in a year and then you can calculate ONE day for every ten working days. I think it is clear to you.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Dear Pandeysupriya ,
It is only under Factory act that if a worker has joined on 1st day of January and had continuously served for 240 days during the preceding 12 months he is entitled to leave with wages at the rate of 1 day for every 20 days of actual work, Shop Act of different states provides some what similar provisions.If a worker employee joined in the middle of the year his eligibility of earned leave shall be minimum completion of two third working days from the date of his joining to till the end of the year.and leave entitlement will be at the rate of 1 day for 20 days. Period of 20 days will include all any weekly rest day/ paid holiday/ period of authorised absence due to sickness/ closure of the establishment /lay off /strike which is not illegal.EL can not be availed in more than three spells .
RL Dhingra, Advocate,
Labour Law Consultant, Delhi
Mobile 09818309937
E-mail:rld_498@rediffmail.com
From India, Delhi
It is only under Factory act that if a worker has joined on 1st day of January and had continuously served for 240 days during the preceding 12 months he is entitled to leave with wages at the rate of 1 day for every 20 days of actual work, Shop Act of different states provides some what similar provisions.If a worker employee joined in the middle of the year his eligibility of earned leave shall be minimum completion of two third working days from the date of his joining to till the end of the year.and leave entitlement will be at the rate of 1 day for 20 days. Period of 20 days will include all any weekly rest day/ paid holiday/ period of authorised absence due to sickness/ closure of the establishment /lay off /strike which is not illegal.EL can not be availed in more than three spells .
RL Dhingra, Advocate,
Labour Law Consultant, Delhi
Mobile 09818309937
E-mail:rld_498@rediffmail.com
From India, Delhi
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