Though there is no mentioning of casual or festival leave in Factory Act or Shops and commercial establishment Act other than PL/EL, there is a special act titled "Industrial Establishments (National and Festival Holidays and casual leave) ACT and RULES under the respective state laws for such leave provision.
From India, Bhubaneswar
21From India, Bhubaneswar
Hi All please Guide me about the leave policies for labour in factory,Situated in chennai
From India, Chennai
From India, Chennai
It isn't mandatory to give CL (casual leaves) as well as EL (earned leaves).
Every organization has its own set of leaves which are given to the employees.
There are however some mandatory leaves which are provided to employees such as National Holidays etc.
Hope you find this information useful.
If you wish to know more about labour laws contact me @8356832404
From India, Thane
Every organization has its own set of leaves which are given to the employees.
There are however some mandatory leaves which are provided to employees such as National Holidays etc.
Hope you find this information useful.
If you wish to know more about labour laws contact me @8356832404
From India, Thane
Dear PRJS,
The term 'mandatory' means "something required by law". Leave in general to the persons employed is a statutory welfare measure or a particular condition of employment finding place in the contract of employment which gets reflected in the service regulations applicable as the case be. Therefore, one can give you a correct answer only when it is known what kind of industrial establishment that " every Pvt LTD Company" you mentioned is. You can find mandatory leave provisions only in establishment-specific labor laws like the Factories Act,1948, the Plantations Labor Act,1951, State Shops and Establishments Acts etc., differing in types of leave and their scales depending on the nature of activities. So it is essential that your query indicates the type of the establishment.
It is discernible from the replies that some of the learned members have used the terms "leave" and "holiday" interchangeably. Sorry they cannot be one and the same in the Indian legal context. "Leave" means "leave of absence from work or the place of work". They may be of different types like casual leave, sick leave, earned or privilege leave as provided for in the applicable establishment-specific labor law. Therefore, the automatic implication is that though mandatory, leave cannot be claimed by an employee as a matter of right and the employer has the discretion to sanction it or refuse it depending on the exigencies of work. Thus leave is an authorised absence with or even without wages/salary. On the other hand, holiday is the authorised absence with wages/salary on certain predetermined occasions which requires mostly no prior sanction of the employer.
From India, Salem
The term 'mandatory' means "something required by law". Leave in general to the persons employed is a statutory welfare measure or a particular condition of employment finding place in the contract of employment which gets reflected in the service regulations applicable as the case be. Therefore, one can give you a correct answer only when it is known what kind of industrial establishment that " every Pvt LTD Company" you mentioned is. You can find mandatory leave provisions only in establishment-specific labor laws like the Factories Act,1948, the Plantations Labor Act,1951, State Shops and Establishments Acts etc., differing in types of leave and their scales depending on the nature of activities. So it is essential that your query indicates the type of the establishment.
It is discernible from the replies that some of the learned members have used the terms "leave" and "holiday" interchangeably. Sorry they cannot be one and the same in the Indian legal context. "Leave" means "leave of absence from work or the place of work". They may be of different types like casual leave, sick leave, earned or privilege leave as provided for in the applicable establishment-specific labor law. Therefore, the automatic implication is that though mandatory, leave cannot be claimed by an employee as a matter of right and the employer has the discretion to sanction it or refuse it depending on the exigencies of work. Thus leave is an authorised absence with or even without wages/salary. On the other hand, holiday is the authorised absence with wages/salary on certain predetermined occasions which requires mostly no prior sanction of the employer.
From India, Salem
does it mandatory to show the d.a of workers in salary sheet as per labour/p.f/e.s.i.c act???
From India, Ghaziabad
From India, Ghaziabad
Employees, across all industries in India, are entitled to a certain number of leaves per year aside from the holidays and days off. The number and type of leave depends on the industry,employer and state you are in under the Factories Act and State’s shop and establishment act. Every state has different leave entitlement and leave policies which is basis for leave policy of your company. In India, three types of leaves are generally followed namely earned leave, sick leave and casual leave which an employee can avail without loss of pay.
Casual leave is provided to to take care of urgent and unseen matters like child has fallen down in school and you get call from school.
Sick leave is provided in case employee gets sick.
Privilege leave or Earned Leave is provided for planned long leaves for the purpose of travel, vacation etc.
Commencement of Leave Period is calendar year i.e 1st January to 31st December every year. All regular employees are entitled to around 27 days leave in a year. Holiday List is provided at the beginning of the calendar year. Generally all State Legislations has common provision for leaves usually at least seven holidays for national and other festivals. Republic day, Independence Day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees can decide remaining national and festival holidays. Hence Diwali holiday in Karnataka is usually on Narak-Chaturdashi(second day) while in Delhi it is on Laxmi Pooja day.
Minimum 7 days casual leave and 14 days sick leave is provided to employees.
Employee need to apply for each leave and take approval except in cases where approval could not be taken in advance usually for casual or sick leaves. Grant of leave shall depend upon the policies of the workplace and is at the discretion of the manager/management. There is no set rule for which leave to be approved and not approved. Employer can refuse the leave application, if not satisfied with the reason of leave. It depends from reason to reason, manager to manager.
Prorate means in proportion. For new joinee & resigned employees one gets pro rated leaves. So if one works half a year, one is entitled to just half of leaves.
Usually All leaves with pay are excluding weekly off and holidays. For example if an employee take leave from Saturday to Monday where Sunday is weekly off then Sunday should not be counted as leave. Hence only 2 leaves should be counted. If an employee is on leave for whole month (30 days) which includes 4 weekly off and 1 holiday then employee should be considered on leave for 25 days only. But then it depends on the Shop and Establishment Act of the state.
From India
Casual leave is provided to to take care of urgent and unseen matters like child has fallen down in school and you get call from school.
Sick leave is provided in case employee gets sick.
Privilege leave or Earned Leave is provided for planned long leaves for the purpose of travel, vacation etc.
Commencement of Leave Period is calendar year i.e 1st January to 31st December every year. All regular employees are entitled to around 27 days leave in a year. Holiday List is provided at the beginning of the calendar year. Generally all State Legislations has common provision for leaves usually at least seven holidays for national and other festivals. Republic day, Independence Day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees can decide remaining national and festival holidays. Hence Diwali holiday in Karnataka is usually on Narak-Chaturdashi(second day) while in Delhi it is on Laxmi Pooja day.
Minimum 7 days casual leave and 14 days sick leave is provided to employees.
Employee need to apply for each leave and take approval except in cases where approval could not be taken in advance usually for casual or sick leaves. Grant of leave shall depend upon the policies of the workplace and is at the discretion of the manager/management. There is no set rule for which leave to be approved and not approved. Employer can refuse the leave application, if not satisfied with the reason of leave. It depends from reason to reason, manager to manager.
Prorate means in proportion. For new joinee & resigned employees one gets pro rated leaves. So if one works half a year, one is entitled to just half of leaves.
Usually All leaves with pay are excluding weekly off and holidays. For example if an employee take leave from Saturday to Monday where Sunday is weekly off then Sunday should not be counted as leave. Hence only 2 leaves should be counted. If an employee is on leave for whole month (30 days) which includes 4 weekly off and 1 holiday then employee should be considered on leave for 25 days only. But then it depends on the Shop and Establishment Act of the state.
From India
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