Friends / Professionals,
We are in to Staffing and Servicing Private limited Company with less than 50 employees.
Currently we have the below working hours and leave policy. Can someone help me, whether its coming under tamilnadu labour act without any issues.
Working hours : 9hrs/day including lunch and tea break. Night shift 6pm to 3am (working as per USA Time)
Working days: Monday to Friday (5 days a week)
Public and festival Holidays: 10
we don’t have separate CL/SL/EL but we are providing 1 CL per month with pay.
So total leave will be 22 days apart from Saturday and Sunday (both days are compulsory holiday).
My question is, since we are giving Saturday and Sunday as holiday… shall we implement the above 22 days instead of 45 days and can that be mentioned in the Employee Handbook and get the signature for the acceptance.
Note: i have gone thru the Tamilnadu Act 1947,1958 but i didn't find these details. if any of the experienced people help me, it will be much helpful for me to implement this in our company.
Thanks
Sathy
From India, Coimbatore
We are in to Staffing and Servicing Private limited Company with less than 50 employees.
Currently we have the below working hours and leave policy. Can someone help me, whether its coming under tamilnadu labour act without any issues.
Working hours : 9hrs/day including lunch and tea break. Night shift 6pm to 3am (working as per USA Time)
Working days: Monday to Friday (5 days a week)
Public and festival Holidays: 10
we don’t have separate CL/SL/EL but we are providing 1 CL per month with pay.
So total leave will be 22 days apart from Saturday and Sunday (both days are compulsory holiday).
My question is, since we are giving Saturday and Sunday as holiday… shall we implement the above 22 days instead of 45 days and can that be mentioned in the Employee Handbook and get the signature for the acceptance.
Note: i have gone thru the Tamilnadu Act 1947,1958 but i didn't find these details. if any of the experienced people help me, it will be much helpful for me to implement this in our company.
Thanks
Sathy
From India, Coimbatore
Your industry covers under Shops & Commercil Establishemnt Act hence Refer Tamil Nadu Shops & Commercial Establishment Act which is clear about CL, SL & EL.
From India, Bangalore
639From India, Bangalore
Thanks but My question is, since we are giving Saturday and Sunday as holiday…shall we implement the above 22 days instead of 45 days and can be mentioned in the Employee Handbook and get the signature for the acceptance.
From India, Coimbatore
From India, Coimbatore
Are you giving 22 days' leave? No. You give 10 'holidays' as per Tamil Nadu Industrial Establishments National and Festival Holidays Act and 12 days Casual leave at the rate of one day for every month. That is not sufficient. You have to give holidays, 10 Nos, as well as Leaves as per Tamil Nadu Shops and Commercial Establishments Act. The said leave shall include 12 casual leaves, 12 sick leaves and 12 earned leaves. The earned leaves shall be paid once an employee completes 12 months of service but the other leaves, ie, CL and sick leaves, are available during the first year of service itself. In respect foe employees who join after 1st of January, you can grant leaves proportionately. You cannot mix up the leaves with holidays though in the Tamil Nadu Shops....Act the terms are used interchangeably.
Coming to 5 days working, the Act is silent about any concession in this regard. As leaves are 'entitlement' of employees, the same number of leaves shall be given to workers even though they work for 5 days in a week. After all, it is a difference of only 3 hours and it is for your convenience that the establishment is working for 5 days only.
From India, Kannur
Coming to 5 days working, the Act is silent about any concession in this regard. As leaves are 'entitlement' of employees, the same number of leaves shall be given to workers even though they work for 5 days in a week. After all, it is a difference of only 3 hours and it is for your convenience that the establishment is working for 5 days only.
From India, Kannur
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HR Leave Policy.doc
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