Dear all, The number of Casual leave to be given is as per the Standing Orders applicable to you. Presuming that you are not having your own Certified Standing Orders, the Model Standing Orders would be applicable. In most of the states the minimum CL is 7 days but can go up to 10/12 days. Regards
KK
From India, Bhopal
199KK
From India, Bhopal
Greeting to All,
We are discussing here that what should be the quantum of minimum casual leave as per the law prevailing in the India.
To the best of my knowledge there is no Law in India which broadly deals with the issue.
Generally, as per law in India (I would like to clarify that we are not discussing here any Individual company/industry or establishment) leave matters are governed either with The Factories Act, 1948 or Shop and Commercial Act of the respective State.
So far, The FA is concerned the provisions of this Act does not described of any specific type of leave like EL, PL, SL or CL. It only mandate that every workers who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year , leave with wages for a number of days calculated at the rate of-
(i) if an adult, one day of every twenty days of work performed by him during the previous calendar year,
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
The Shop and Commercial Act of respective State, however, defined calcification of leaves. For example as per U.P. Shop and Commercial Act provides that every employee who has been in continuous employment of the same employer for a period of 12 months shall be entitled to- 15 days Earned Leave + 15 days Sickness Leave + 10 days Casual Leave.
There may be some difference of quantum of leave in state to state Act.
So far as The Industrial Employment (Standing Orders) Act, 1946 is concerned it do not deal with the leave matter or classification thereof.
Now in view of the above it is very clear that there is no provision in the FA for casual leave only in the S&C Act there is provision of Minimum Casual Leave as stated above which may vary state to State and can be confirmed by consulting the state provisions. Rest is in discretion of the employer to decide the quantum of various type of leave and it can be challenged in any court of law unless there are some special Awards, Board’s decision of the industry concerned or agreement etc.
Pkjain
From India, Delhi
We are discussing here that what should be the quantum of minimum casual leave as per the law prevailing in the India.
To the best of my knowledge there is no Law in India which broadly deals with the issue.
Generally, as per law in India (I would like to clarify that we are not discussing here any Individual company/industry or establishment) leave matters are governed either with The Factories Act, 1948 or Shop and Commercial Act of the respective State.
So far, The FA is concerned the provisions of this Act does not described of any specific type of leave like EL, PL, SL or CL. It only mandate that every workers who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year , leave with wages for a number of days calculated at the rate of-
(i) if an adult, one day of every twenty days of work performed by him during the previous calendar year,
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
The Shop and Commercial Act of respective State, however, defined calcification of leaves. For example as per U.P. Shop and Commercial Act provides that every employee who has been in continuous employment of the same employer for a period of 12 months shall be entitled to- 15 days Earned Leave + 15 days Sickness Leave + 10 days Casual Leave.
There may be some difference of quantum of leave in state to state Act.
So far as The Industrial Employment (Standing Orders) Act, 1946 is concerned it do not deal with the leave matter or classification thereof.
Now in view of the above it is very clear that there is no provision in the FA for casual leave only in the S&C Act there is provision of Minimum Casual Leave as stated above which may vary state to State and can be confirmed by consulting the state provisions. Rest is in discretion of the employer to decide the quantum of various type of leave and it can be challenged in any court of law unless there are some special Awards, Board’s decision of the industry concerned or agreement etc.
Pkjain
From India, Delhi
Dear Shri Jain & thers: As stated by Shri Jain, the Industrial Employment (Standing Orders) Act does not deal with CL to be provided. But the Model Standing Order provided therein specifies it. Regards KK
From India, Bhopal
From India, Bhopal
Dear All,
Rule 10 under the Industrial Employment (Standing Orders) Central Rules, 1946 runs as under:
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
Rule 16 under Bombay Industrial Employment (Standing Orders) Rules, 1959 runs as under:
(1). Every workman shall be entitled to casual leave.
(2) Casual leave shall be non-cumulative and no leave of any kind may be combined with casual leave.
(3) Except for emergent reasons, casual leave shall be limited to three days at a time. Casual leave is intended to meet special or unforeseen circumstances for which provisions cannot be made by exact rules.
(4) Holidays declared by the establishment and weekly holidays may me prefixed or suffixed to casual leave.
(5) Ordinarily, the previous permission of the Manager or the the head of the department shall be obtained before taking such leave.
You are requested to discuss now in light of above. Your discussion may enlighten the law making body.
From India, Mumbai
Rule 10 under the Industrial Employment (Standing Orders) Central Rules, 1946 runs as under:
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
Rule 16 under Bombay Industrial Employment (Standing Orders) Rules, 1959 runs as under:
(1). Every workman shall be entitled to casual leave.
(2) Casual leave shall be non-cumulative and no leave of any kind may be combined with casual leave.
(3) Except for emergent reasons, casual leave shall be limited to three days at a time. Casual leave is intended to meet special or unforeseen circumstances for which provisions cannot be made by exact rules.
(4) Holidays declared by the establishment and weekly holidays may me prefixed or suffixed to casual leave.
(5) Ordinarily, the previous permission of the Manager or the the head of the department shall be obtained before taking such leave.
You are requested to discuss now in light of above. Your discussion may enlighten the law making body.
From India, Mumbai
I was going thru' the discussions once again in this thread. I noticed one or two post are deleted. Can any one tell, is it possible? And how?
From India, Mumbai
From India, Mumbai
Dear All,
Before going for further discussion it may please be noted that The SO Act is applicable only in the industrial establishment which employed 100 or more workmen. The very purpose of the Act is to let the workmen know the service condition of the employment and define Misconduct and Disciplinary action which can be taken if any misconduct is committed by any workman.
The Rule 9 of The IESO Rules Cleary provides that Leave and Holidays to the workmen will be allowed as provided in Chapter VIII of the Factories Act it also provides the procedure of the applying and allowing leaves.
Rule 10 must be read with Rule 9 and a combined reading of the above Rules will clear the position.
The provision 10 of the Rules provides that a workman MAY be granted casual leave of ABSENCE with or without pay not exceeding 10 days in a calendar year. It further provides that such leave shall not be for more than three days at a time except in case of sickness or special circumstances which can be foreseen.
Meaning thereby if the given condition are not applied in the case of ABCENCE it will be treated as misconduct and a disciplinary action can be taken against such workman.
The Rule 10 of the central Rules or Rule 16 of the Bombay Rules does not provide any quantum of Casual Leave or any other type of leaves must be provided. It only gives a direction that if case of ABSENCE which is of casual nature and beyond the control of the workman concerned no disciplinary action can be taken. In the central Rules casual it restricted to 10 days in a calendar year and the Bombay Rules does not specified the days as stated in details in the post of Mr. Keshav ji in the aforesaid post.
I have seen so many Standing Orders of various companies which are certified by the concerning government but do not specified any quantum of casual leave.
Thanks to all
pkjain
From India, Delhi
Before going for further discussion it may please be noted that The SO Act is applicable only in the industrial establishment which employed 100 or more workmen. The very purpose of the Act is to let the workmen know the service condition of the employment and define Misconduct and Disciplinary action which can be taken if any misconduct is committed by any workman.
The Rule 9 of The IESO Rules Cleary provides that Leave and Holidays to the workmen will be allowed as provided in Chapter VIII of the Factories Act it also provides the procedure of the applying and allowing leaves.
Rule 10 must be read with Rule 9 and a combined reading of the above Rules will clear the position.
The provision 10 of the Rules provides that a workman MAY be granted casual leave of ABSENCE with or without pay not exceeding 10 days in a calendar year. It further provides that such leave shall not be for more than three days at a time except in case of sickness or special circumstances which can be foreseen.
Meaning thereby if the given condition are not applied in the case of ABCENCE it will be treated as misconduct and a disciplinary action can be taken against such workman.
The Rule 10 of the central Rules or Rule 16 of the Bombay Rules does not provide any quantum of Casual Leave or any other type of leaves must be provided. It only gives a direction that if case of ABSENCE which is of casual nature and beyond the control of the workman concerned no disciplinary action can be taken. In the central Rules casual it restricted to 10 days in a calendar year and the Bombay Rules does not specified the days as stated in details in the post of Mr. Keshav ji in the aforesaid post.
I have seen so many Standing Orders of various companies which are certified by the concerning government but do not specified any quantum of casual leave.
Thanks to all
pkjain
From India, Delhi
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