baba_2thakur@yahoo.co.in
Hello All, There are many types of Leave? Sick Leave & casual to Employee Leave and Leave Earnd should? You Help me Please regards sameer
From India, Moradabad
karuna_s
1

Dear Mr. madhu,
Thank you for your precise & accurate answer. It really enhanced my understanding. Kindly lemme know under which Shops & Establishment act, Noida will be cover ? & Can you provide me a link ?
Thanks & Regards
Karuna Sharma

From India, New Delhi
Madhu.T.K
4248

I understand that Noida comes in UP District and as such the UP State Shops and Commercial Establishments Act will be applicable to your establishment. The Act ca be viewed from the official website of the Labour Department of UP.
Regards,
Madhu.T.K

From India, Kannur
devibhanu
devibhanu: i am working in a private limited company. I would like to know about the following topics.
1. What should be the working hours (Per day/per week/ per month) in a private limited company
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays i sholud follow by a private limited company
Regards
devibhanu


Anonymous
Hello sir,
i am working in us based MNC. The company is not given holiday of national holiday like 2nd oct even. and also only 7 holidays in a year. no cl, el or any Madical leaves are given. when we Employees asked about that, they told us that it is IT company and we are already giving you Saturday,Sunday week offs. And also company is giving us per day salary. It means if you are no working at Saturday,Sunday, you are not able to gain that days salary. For that company told that we are following u.s. employment policy. It is too hard to survive in this company. please guide me with proper Labour law on that topics.
Thanks,

From India, Ahmedabad
rajesh_ppl
Please Check this Source: http://www.paycheck.in/main/labour-law-india/leave-and-holidays/paid-leave

You can find following with heading as:

#Earned & Casual Leave in India

Q 1: How many leaves should be applicable in a company?

Earned leaves/ Privilege leaves ,Casual Leave, Leave without pay, Compensatory off

LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT

LEAVE IN ESTABLISHMENTS COVERED UNDERTHE SHOPS AND ESTABLIHMENTS ACT

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971
BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
DELHI SHOPS AND ESTABLISHMENTS ACT, 1954
J&K SHOPS AND ESTABLISHMENTS ACT, 1966
KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961
KERALA SHOPS AND ESTABLISHMENTS ACT, 1960
MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956
PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
Haryana State to refer to Punjab Shops and Establishments Act.
RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947
Uttar Pradesh SHOPS AND ESTABLISHMENTS ACT, 1962
WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963

Q 2: What is Encashment of leave?

Q 3: Can employee take leave during notice period?

Thanks,
Rajesh Agarwal

From India, Kolkata
Madhu.T.K
4248

Factory workers are entitled only to one leave for every 20 days physically present during the preceding calendar year. During the first year of service there is no provision for leave with wages under the Factories Act and one will get leave only if he has worked for 240 days in the preceding year. This 240 days may be proportionally reduced depending upon the joining date of the worker.

Employees in shops and commercial establishments shall have leave as per the respective Shops and Commercial Establishments Act. Almost all Shops Act have provided for 12 days of CL and 12 days of Sick Leave during the first year of service and again 12 days of EL/PL after completion of 12 months of service. That means from the second year of service onwards an employee will get 12 CL, 12 SL and 12 PL.

Encashment of unavailed earned leave is permitted at the time the employee leaves the company. However, where there is a maximum limit to the EL/PL which can be accumulated, the leave which may lapse can also be encashed during the service.

There is nothing in the Act which says that an employee should serve notice when he wants to leave the organisation and therefore, nothing about taking leave during notice period or adjusting the leave against the notice pay is available in the Acts. However, if the Certified Standing Orders of the company provides that during the notice period leave will not be sanctioned, it will be binding on the employees who are on notice period. In the absence of any order or HR rule, an employee can take leave during notice period. Again such matters are purely departmental and decision should be taken on case to case matter.

Madhu.T.K

From India, Kannur
Ajayparihar
I am working in a (MNC) private limited company. I would like to know about the following topics.
1. What should be the legal criteria for the employee termination of in a (MNC) private limited company?
2. What are the eligible criteria of VRS for permanent employee?
3. If Employee doesn’t want to leave the company, then what will be norms/ rules?
Regards
Ajay

From Singapore, Singapore
Madhu.T.K
4248

MNCs do not have separate labour rules, they have to follow the laws in India. For terminating an employee (worker) to whom no other employee is reporting, you should follow the retrenchment provisions given in section 25F(or 25N in case you have more than 100 employees) of the Industrial Disputes Act. VRS is purely an arrangement made by the company and by that you cannot force any employee to retire. In respect of employees in supervisory or managerial cadre you can initiate termination as per contract of employment.
Madhu.T.K

From India, Kannur
Jeetesh Chavan
Dear Sir/Mam,
On last month of june 15. it was a heavy Rain fall so our all staff unable to join the duty at Office due to transport cancellation. But our management has cancelled our presenty and marked as absenty. Hence our salary will be deducted. So what can i do for this kind of case

From India, Mumbai
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