I sincerely apologise for not making clear under which act i am talking about. It is Bombay Shops & Establishment Act, which allows Nil CL and Nil SL and 21 days PL after completion of 240 days work. Anyway your guidance makes us absolutely clear whether factories act or shops act, what quota allowed is MINIMUM. We can certainly offer best to the employees. Thanks a lot Sir for your valuable input. Have good time ahead...
From India, Mumbai
70From India, Mumbai
Dear All,
I am totally disagree with Mr Abhay Bandekar and his understanding & agree with TEAMGROUP HR.
as per Bombay Shop & Estab Act 1948 and its amendment, and section 35
1) Quote"every employee who has been employed for not less than 3 months in ANY year, SHALL FOR EVERY 60 DAYS ON WHICH HE HAS WORKED DURING THE YEAR BE ALLOWED LEAVE, consecutive or otherwise, for a period of not more than 5 days. " Unquote
Exp- 5 days leave for a employee who actually attended office for not less than 60 days( Act also mention who has worked) 3 three month in ANY YEAR, can enjoy 5 days minimum paid leave.
Here ANY YEAR -- means in between 2 calender years also.
Coming to theory or Abhay Saab, 60 days working and 75 days working, yes let person attend office for more than 60 days BUT STILL HE WILL GET ONLY MINIMUM 5 DAYS LEAVE, if company want, it can give more but NOT LESS THAN 5 days.
If a employee is working 75 days let say, then certainly he will earn more wages as compare to employe who works 60 days, SO WHERE IS QUESTION OF INJUSTICE.
2. Quote" Every employee who has worked for not less than 240 days IN A YEAR, (irrespective of date of commencement of service) SHALL NE ALLOWED LEAVE CONSECUTIVE OR OTHERWISE, FOR A PERIOD OF NOT LESS THAN 21 DAYS "Unquote
Exp- 21 days MINIMUM leave will be allowed to employee, who attended office for at least 240 day in YEAR i.e. 1 January to 31 December
So, 21 days leave for 365 days not 240 as Mr Bandekar Quoted above. but will be give to employee who has attended Office for at leat 240 days, even if he joined a company in March and attends office for 240 days MINIMUM, then he is entitled for 21 days MINIMUM LEAVE.
Now it could be possible of some one join month of Febuary, then if he attends office for 240 days, (pls note word ATTEND) then he will be entitled a Paid Leav of 21 days Minumum.
I WOULD HAVE AGREED WITH MR BANDEKAR INTERPRETAION OF THE WORD YEAR WOULD HAVE NOT BEEN SUFFIXED TO 240 DAYS IN YEAR.
Definition of YEAR is given in Section 2, sub section 32
PLS FEEL FREE TO CALL ME ON 9702017285.
From India, Mumbai
I am totally disagree with Mr Abhay Bandekar and his understanding & agree with TEAMGROUP HR.
as per Bombay Shop & Estab Act 1948 and its amendment, and section 35
1) Quote"every employee who has been employed for not less than 3 months in ANY year, SHALL FOR EVERY 60 DAYS ON WHICH HE HAS WORKED DURING THE YEAR BE ALLOWED LEAVE, consecutive or otherwise, for a period of not more than 5 days. " Unquote
Exp- 5 days leave for a employee who actually attended office for not less than 60 days( Act also mention who has worked) 3 three month in ANY YEAR, can enjoy 5 days minimum paid leave.
Here ANY YEAR -- means in between 2 calender years also.
Coming to theory or Abhay Saab, 60 days working and 75 days working, yes let person attend office for more than 60 days BUT STILL HE WILL GET ONLY MINIMUM 5 DAYS LEAVE, if company want, it can give more but NOT LESS THAN 5 days.
If a employee is working 75 days let say, then certainly he will earn more wages as compare to employe who works 60 days, SO WHERE IS QUESTION OF INJUSTICE.
2. Quote" Every employee who has worked for not less than 240 days IN A YEAR, (irrespective of date of commencement of service) SHALL NE ALLOWED LEAVE CONSECUTIVE OR OTHERWISE, FOR A PERIOD OF NOT LESS THAN 21 DAYS "Unquote
Exp- 21 days MINIMUM leave will be allowed to employee, who attended office for at least 240 day in YEAR i.e. 1 January to 31 December
So, 21 days leave for 365 days not 240 as Mr Bandekar Quoted above. but will be give to employee who has attended Office for at leat 240 days, even if he joined a company in March and attends office for 240 days MINIMUM, then he is entitled for 21 days MINIMUM LEAVE.
Now it could be possible of some one join month of Febuary, then if he attends office for 240 days, (pls note word ATTEND) then he will be entitled a Paid Leav of 21 days Minumum.
I WOULD HAVE AGREED WITH MR BANDEKAR INTERPRETAION OF THE WORD YEAR WOULD HAVE NOT BEEN SUFFIXED TO 240 DAYS IN YEAR.
Definition of YEAR is given in Section 2, sub section 32
PLS FEEL FREE TO CALL ME ON 9702017285.
From India, Mumbai
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