Dear Sir/Mam, I want to know the laws of Casual leave/Sick leave under probation period. Regards, Umesh
From India, Pune
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1From India, Pune
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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 to 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 casual leave and sick leave, an employee who has worked for 12 months will also be eligible for 12 days of earned leave.
Therefore, it is always fair for the company to grant leaves during the 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 leave and sick leave 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 labor authorities.
Regards,
Madhu.T.K
From India, Kannur
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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 to 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 casual leave and sick leave, an employee who has worked for 12 months will also be eligible for 12 days of earned leave.
Therefore, it is always fair for the company to grant leaves during the 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 leave and sick leave 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 labor authorities.
Regards,
Madhu.T.K
From India, Kannur
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Dear Umesh,
A probationer is very much entitled to casual and sick leaves as available to other employees under the enactment applicable to the establishment. Therefore, go through the applicable Act and rules for the grant of these leaves.
With Regards,
R.N.Khola
From India, Delhi
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A probationer is very much entitled to casual and sick leaves as available to other employees under the enactment applicable to the establishment. Therefore, go through the applicable Act and rules for the grant of these leaves.
With Regards,
R.N.Khola
From India, Delhi
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Dear Sir, Kindly clarify these laws in case of real estate (Construction & Builder) firms/company. Regards,
From India, Pune
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From India, Pune
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Dear Umesh,
In my view, none of the labor laws relating to the grant of CL & SL to the workers of a construction site is applicable. If you have 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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In my view, none of the labor laws relating to the grant of CL & SL to the workers of a construction site is applicable. If you have 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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Legal Clarification on Severance Dues & Probation Period.PDF