Dear Colleagues,
As per the above provisions, every person in any establishment is entitled for sick leave (also casual leave) for a period not exceeding 12 days in twelve months service.
The act does not specify any minimum days nor mandated specified number. It specifies only maximum number. If that be the case, whether the employer can consider leave for less than 12 days.. For Example whether CL or SL can be granted for (say )only 6 days in a year.
Whether the inspector can insist for 12 days compulsorily as minimum days? Also whether the establishments can on their own consider more number of days say 14 days if the wish, since the act specifies maximum days.
Are there any case laws on this?
Thanks in advance
Regards
R Kannan
From India, Madras
As per the above provisions, every person in any establishment is entitled for sick leave (also casual leave) for a period not exceeding 12 days in twelve months service.
The act does not specify any minimum days nor mandated specified number. It specifies only maximum number. If that be the case, whether the employer can consider leave for less than 12 days.. For Example whether CL or SL can be granted for (say )only 6 days in a year.
Whether the inspector can insist for 12 days compulsorily as minimum days? Also whether the establishments can on their own consider more number of days say 14 days if the wish, since the act specifies maximum days.
Are there any case laws on this?
Thanks in advance
Regards
R Kannan
From India, Madras
Dear Mr.Kannan
Please read the relevant sections of the Tamilnadu Shops and Establishments Act. Section 25 deals with holidays with wages.
Section 25.reads as follows
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve
months continuous service, to holidays with wages for a period of 12 days, in
the subsequent period of twelve months:
Section 25(1) mandates that every person employed "SHALL" be entitled to 12 days holidays with wages after he had rendered continuous service for twelve months. So in the case of an employee you have no choice but to grant a minimum of 12 days of holidays with wages if the employee had worked continuously for 12 months. You cannot reduce the number of holidays with wages to less that 12 as it is violative of section 25. The same reasoning applies to sick leave and casual leave also.
With regards
From India, Madras
169Please read the relevant sections of the Tamilnadu Shops and Establishments Act. Section 25 deals with holidays with wages.
Section 25.reads as follows
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve
months continuous service, to holidays with wages for a period of 12 days, in
the subsequent period of twelve months:
Section 25(1) mandates that every person employed "SHALL" be entitled to 12 days holidays with wages after he had rendered continuous service for twelve months. So in the case of an employee you have no choice but to grant a minimum of 12 days of holidays with wages if the employee had worked continuously for 12 months. You cannot reduce the number of holidays with wages to less that 12 as it is violative of section 25. The same reasoning applies to sick leave and casual leave also.
With regards
From India, Madras
I think the important word here is "ENTITLED". The person earns 12 days. Howmuch & when is purely upto employee & employer. The balance leave can be accumulated or encashed.
From India, Pune
From India, Pune
Dear Mr.Nitin It is not correct to say that "how much and when is purely upto employee and employer". This is also regulated by the Tamilnadu Shops and Establishments Act.
From India, Madras
From India, Madras
Harikrishnan Sir, I am working as Admin. Exe. in an Engg. company. I request you to kindly clarify the no. of days (CL / SL / EL) an employee eligible (i.e. min.) according Shops & Establishment Act.
From India, Chennai
From India, Chennai
I would like to draw attention on the following post from:
"V.Harikrishnan - Joint Commissioner of Labour(Retired)"
Your statement as to : "The same reasoning applies to sick leave and casual leave also. "
However, the following "term" is found in SH.E.Act (TN) -::: {Not exceeding}***
Every person employed in any establishment, shall also be entitled
(b). to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Hence it is clear that Firms have the right to have their own leave policy with regard to CL & SL.
Also SL - do not apply for employees, covered under ESIC.
Can you kindly review and throw more light on the subject? Thanks!
With Regards,
V.Govindarajan.
"V.Harikrishnan - Joint Commissioner of Labour(Retired)"
Your statement as to : "The same reasoning applies to sick leave and casual leave also. "
However, the following "term" is found in SH.E.Act (TN) -::: {Not exceeding}***
Every person employed in any establishment, shall also be entitled
(b). to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Hence it is clear that Firms have the right to have their own leave policy with regard to CL & SL.
Also SL - do not apply for employees, covered under ESIC.
Can you kindly review and throw more light on the subject? Thanks!
With Regards,
V.Govindarajan.
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