Dear Sir/Mam, I want to know the laws of Casual leave/Sick leave under probation period. Regards, Umesh
From India, Pune
1From India, Pune
Leave rules are generally governed by the Standing Orders of the company and relevant provisions in the Factories Act, Plantations Labour Act or the Shops and Commercial Establishments Act as the case may be. Under the Factories Act an employee is not entitled to any leave during his first year of service but will get leave with pay in the succeeding year provided he has worked at least for 240 days in the preceding year. Leave will be at the rate of one leave for every twenty days worked.
The Shops and Commercial establishments Act being a state enactment has different provisions for leave under different state Acts. For instance, under the Kerala Shops and Commercial Establishments Act, an employee is entitled for 12 days of casual leave and 12 days of sick leave for 12 months of work. This implies that a probationer is also entitled to casual and sick leaves. Besides CL and SL an employee who has worked for 12 months will also be eligible to 12 days earned leave.
Therefore, it is always fair for the company to grant leaves during probation period and it will be against the principles of natural justice to deny leaves to probationers. The apprentices are also eligible to take casual leaves and sick leaves under the Apprentice Act.
An establishment covered by the Industrial Establishment (Standing Order) Act should have leave rules included in the draft of standing orders failing which the same will not be certified by the Labour authorities.
Regards,
Madhu.T.K
From India, Kannur
The Shops and Commercial establishments Act being a state enactment has different provisions for leave under different state Acts. For instance, under the Kerala Shops and Commercial Establishments Act, an employee is entitled for 12 days of casual leave and 12 days of sick leave for 12 months of work. This implies that a probationer is also entitled to casual and sick leaves. Besides CL and SL an employee who has worked for 12 months will also be eligible to 12 days earned leave.
Therefore, it is always fair for the company to grant leaves during probation period and it will be against the principles of natural justice to deny leaves to probationers. The apprentices are also eligible to take casual leaves and sick leaves under the Apprentice Act.
An establishment covered by the Industrial Establishment (Standing Order) Act should have leave rules included in the draft of standing orders failing which the same will not be certified by the Labour authorities.
Regards,
Madhu.T.K
From India, Kannur
Dear Umesh,
A probationer is very much entitled to casual & sick leaves as available to other employees under the enactment applicable to the establishment. Therefore go through the applicable Act & rules for grant of these leaves.
With Regards,
R.N.Khola
From India, Delhi
A probationer is very much entitled to casual & sick leaves as available to other employees under the enactment applicable to the establishment. Therefore go through the applicable Act & rules for grant of these leaves.
With Regards,
R.N.Khola
From India, Delhi
Dear Sir, Kindly clarify these laws in case of real estate (Construction & Builder) firms/company. Regards,
From India, Pune
From India, Pune
Dear Umesh,
In my view none of the labour law relating to grant of CL & SL to the workers of construction site is applicable.If you are having your office then in that case employees attached to the office may be entitled to these leaves under the applicable State Shops & Establishment Act.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
In my view none of the labour law relating to grant of CL & SL to the workers of construction site is applicable.If you are having your office then in that case employees attached to the office may be entitled to these leaves under the applicable State Shops & Establishment Act.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc