varghesemathew
912

Mr Omprabh,
When you ask this type of query you should specify the type of your organization,like factory or shop and commercial establishment.
If it is factory CL is not provided in Factories Act.It provides only annual leave.Other leaves depends on Co policy and Industry norms .For SL Esi Act also has an impact.
If yours is a commercial establishment leaves are to be allowed as per The Shop & Commercial Establishment Act applicable to the state.
First read the above Acts.If you still have doubts ask the seniors.
Varghese Mathew
9961266966

From India, Thiruvananthapuram
couvery
183

Well, normally there are 12+6=18 CLs and SLs offered by companies however it is different from company to company or as per leave policy.
From India, Lucknow
sundar_mpm
41

Please refer to Factories Act and Shops and Establishments pertaining to your State of origin. Leave Rules are clearly specified in it. Please tell me whether you have undergone any course in HR & IR? If not please pursue a PG Diploma or MBA or M.A. IRPM either through Distance Education or any other mode. which will be of great knowledge to you.
From India, Pune
v sudhakara rao
Sir, My account no. AP/VP/55286/272, please give me my account status Sudhakar.V My account no.AP/VP/40769/752, please give the same. P. Eswara rao
From India, Bangalore
omprabh
2

hello everybody
actually i have to ask that when i will have to prepare the salary of employee for a months suppose i am preparing the salary of January month ,
and any employee has taken three CL in a January month, but my company is offering only two CL in month but employee is taking one extra CL
so there in then in this case of salary preparation salry willl be deducted or not actually employeee is taking 3 CL in one month but company is offering only two then salry will be deduct or not in january month, and there i have also to maintain absent in aatendance on which thatdate employee is taking 3 CL.
So there clear my Doubt
Please
Thanks
Om Prabh

From India, Delhi
omprabh
2

Hi Hekarthik

Sub-section (22)-"religious festival"

The expression, "religious festival" has been defined to mean any festival which the Government may, by notification in the Official Gazette, declare to be religious festival for the purpose of this Act. By Notification No. F 12 (54) I & L dated 31st January, 1956 published in the Delhi State Gazette Part V dated 9th February, 1976 at page 69, the Government has declared Holi, Dussehra, Janam Ashtami, Chet Shudi Parwa, Baisakhi, Guru Nanak's Birthday, Guru Govind Singh's Birthday, Id-ul-Zuha, Id-ul-Fitar, Christmas, Lord Mahavir's Birthday as the religious festivals in exercise of the powers conferred on it by this sub-section. The definition has been given in the context of sub-clause (ii) of sub-section (3) of section 16 of the Act which enables the occupier of a shop or commercial establishment to open his shop or commercial establishment on a close day in case such a day happens to coincide with a religious festival.

From India, Delhi
hekarthik
46

Dear omprabh
I have enclosed Delhi shop act section 22 for your reference , please read and get back
Section 22 Leave
(1) Every person employed in an establishment shall be entitled :
(a) after every twelve months', continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days;
Provided that
(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day's casual leave for every month.
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of Section 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under Section 4, shall be entitled to not less than thirty days' privilege leave.
(1A) (i) Privilege leave to which an employee is entitled under clause (a) of sub-section (1) or under any such law, contract, custom or usage, award, settlement or agreement as is referred to in section 3, or any part of such leave, if not availed of by such employee, shall be added to the privilege leave in respect of any succeeding period to which he is so entitled, so however, the total period of such privilege leave which may be accumulated by such employee shall not at anyone time exceed three times the period of privilege leave to which he is entitled after every twelve months' employment under that clause or under such law, contract, custom or usage, award, settlement or agreement.
(ii) Leave admissible under clause (b) of sub-section (1) shall not be accumulated].
(2) If an employee entitled to leave under clause (a) of sub-section (1) of this section 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 full wages for the period of leave due to him.

From India, Coimbatore
varagantimadhu@yahoo.co.in
42

Dear Omprabh,
The quantum of CL and SL to be given to employees is decided by the respective management. No.of SLs are 1 per month and CL - 1 per month. If employee avails more than sanctioned leave, his leave has to be shown as Leave without Pay. CLs, if not availed in a year, lapse. But, SLs and ELs can be carried forward to next year. There is a ceiling on accrual of ELs - say upto a maximum of 60 to 240 and in case of SL, there is no ceiling fixed by organizations in general.
Regards,
Madhusudan

From India, Vijayawada
omprabh
2

hi everbody
please tell me that suppose employee salary is 12,000 . and he takes 5 CL in a one month , but my comapny is giving only 1 CL in one month so then in the last month when i will have prepare the salry of employee then there extra 4CL which employee is taking in a one month then salary will be deduct or not.. pleas tell me, actually employee is taking more CL in one month but there is limit OF only 1 CL in one month. then extra 4 Cl will be calculated in first month whwn i prepare the salry or not. ya it will be calculated of over all yerar CL .. That is big doubt for me
my means that agar koi employee january month me 5 CL leta hai aur company kewal 1 CL ek month me offer karti hai to jo v wo extra cl le raha hai uska calculation same month me hein kar na hai ya nahi kyuki salary to us month ki bane gi hein to due to extra cl salary will be affected or not.
please specify.
my company comes under shops and comercial act.
Thaks & reagard-
OM PRABH

From India, Delhi
Anonymous
42

Dear Om Prabh,
As you said your company allows only 1 CL in a month, if the employee took 5 CLs in a month, then remaining 4 CLs should be treated as Loss Of Pay and salary paid accordingly.
Regards
Madhusudan

From India, Vijayawada
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