Hi everyone,
Can any body please confirm how many C.L & Sick Leaves are mandatory as per the law........
I'm aware of the earned leaves/prvlge leaves as per the Factories Act are 1 for every 20 days of working.
But I would like to know the rest as well, since I'm in the process of creating work policies for new start up
Also a list of the Bank Holidays that are mandatory from Government.
Thanks
Pranita
From India, Delhi
4Can any body please confirm how many C.L & Sick Leaves are mandatory as per the law........
I'm aware of the earned leaves/prvlge leaves as per the Factories Act are 1 for every 20 days of working.
But I would like to know the rest as well, since I'm in the process of creating work policies for new start up
Also a list of the Bank Holidays that are mandatory from Government.
Thanks
Pranita
From India, Delhi
I am also in the process of formalising leave policy for a upcoming growing company. Need to know the number of CLs+Sick Leaves as per Factories Act.
Can somebody help.
Also What should be the ideal Paid Leave Break Up between Privilige Leaves and Casual Leaves.
Regards,
Nandini
From India, Calcutta
Can somebody help.
Also What should be the ideal Paid Leave Break Up between Privilige Leaves and Casual Leaves.
Regards,
Nandini
From India, Calcutta
Hello Pranita as per labour act we have to calculate CL -12days,SL -12days&EL -12days regards D.Sudhakar
From India, Madras
From India, Madras
Hi,
An employee has right to leave benefits, which would adequately cover their personal need, sickness and emergencies. But, it is a privilege extended by the management under its sole discretion.
The leave policy will differ as per the employee with various status of appountment; vis-a-vis trainees, contract and confirmed.
a. During the training period, an employee is eligible to get 12 casual leaves.
b. During confirmation also, he cam avail 12 CL, 6 SL, and 12 PL earned during previous year.
Thanks
sreedevi
From India, Kochi
An employee has right to leave benefits, which would adequately cover their personal need, sickness and emergencies. But, it is a privilege extended by the management under its sole discretion.
The leave policy will differ as per the employee with various status of appountment; vis-a-vis trainees, contract and confirmed.
a. During the training period, an employee is eligible to get 12 casual leaves.
b. During confirmation also, he cam avail 12 CL, 6 SL, and 12 PL earned during previous year.
Thanks
sreedevi
From India, Kochi
Dear Pranita, As per law 6 Sick leaves and 6 Casual leaves are mandatory. Regards, Nishant
From India, Delhi
From India, Delhi
Dear Pranita,
Below is the quote of Shop and Establishment Act 1954.
22. Leave.—(1) Every person employed in an establishment shall be entitled—
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days:Provided that: (i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days’ privilege leave.
From India, Delhi
Below is the quote of Shop and Establishment Act 1954.
22. Leave.—(1) Every person employed in an establishment shall be entitled—
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days:Provided that: (i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days’ privilege leave.
From India, Delhi
You need to first check what kind of organisation you are working ( Factory / Shop & Establishment etc.) That will determine what rule shall apply on you.
There is no central law on this and governed by State legislations and therefore you need to refer to your local (state) legislation to decide the quantum of leave and Public Holidays. Public Holidays are are governed by State level Act e.g in Karnataka it is governed by THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963. similarly each state has their own act which define public holidays. Bank Holidays may / may not be identical as Banks have more non-banking days than industrial establishment.
We normally get confused with Holiday declared under Negotiable Instrument Act. Holiday declare under that Act is only for financial purpose and its treatment.
So please go through the local legislations / state rules to gain insight on what is prescribed under Law. Then compare it with market practices to see that your policies are market competitive and reflect Your Companies philosophy and Values. Just replicating provision of law into policies is naive and sheet waste of time. Even if you want to give benefit no more than required by law, you needs to see how the process and communication of benefits reflect your Company Values and philosophy.
Hope this clarifies.
Sushil Tayal
From India, Bangalore
There is no central law on this and governed by State legislations and therefore you need to refer to your local (state) legislation to decide the quantum of leave and Public Holidays. Public Holidays are are governed by State level Act e.g in Karnataka it is governed by THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963. similarly each state has their own act which define public holidays. Bank Holidays may / may not be identical as Banks have more non-banking days than industrial establishment.
We normally get confused with Holiday declared under Negotiable Instrument Act. Holiday declare under that Act is only for financial purpose and its treatment.
So please go through the local legislations / state rules to gain insight on what is prescribed under Law. Then compare it with market practices to see that your policies are market competitive and reflect Your Companies philosophy and Values. Just replicating provision of law into policies is naive and sheet waste of time. Even if you want to give benefit no more than required by law, you needs to see how the process and communication of benefits reflect your Company Values and philosophy.
Hope this clarifies.
Sushil Tayal
From India, Bangalore
Dear Nandini,
This is to inform you that The Factories Act, 1948 do not have any provisions relating to grant of Casual & Sick leaves. Factories Act deals in only annual leave with wages.Plz go through chapter VIII on annual leave with wages. If your company is covered under The Factories Act then you should go through your applicable State Industrial Employment ( National & Festival Holidays and Casual & sick Leaves) Act for having knowledge on grant of statutory CL & SL to the employees covered under this Act.
Members who are highlighting the no. of CL & SL as per law should also tell the members that under which of the law they are telling us these statutory minimum CL & SL as this is not necessary that the No. told by them will be applicable for the member who is putting his/her query. As we all know that SL & CL are granted under the relevant State Labour Laws.
With Regards,
R.N.Khola
From India, Delhi
This is to inform you that The Factories Act, 1948 do not have any provisions relating to grant of Casual & Sick leaves. Factories Act deals in only annual leave with wages.Plz go through chapter VIII on annual leave with wages. If your company is covered under The Factories Act then you should go through your applicable State Industrial Employment ( National & Festival Holidays and Casual & sick Leaves) Act for having knowledge on grant of statutory CL & SL to the employees covered under this Act.
Members who are highlighting the no. of CL & SL as per law should also tell the members that under which of the law they are telling us these statutory minimum CL & SL as this is not necessary that the No. told by them will be applicable for the member who is putting his/her query. As we all know that SL & CL are granted under the relevant State Labour Laws.
With Regards,
R.N.Khola
From India, Delhi
Thanks a lot this is very useful, getting the act name as well :)
Dear Pranita,
Below is the quote of Shop and Establishment Act 1954.
22. Leave.—(1) Every person employed in an establishment shall be entitled—
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days:Provided that: (i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days’ privilege leave.[/QUOTE]
From India, Delhi
Dear Pranita,
Below is the quote of Shop and Establishment Act 1954.
22. Leave.—(1) Every person employed in an establishment shall be entitled—
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days:Provided that: (i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days’ privilege leave.[/QUOTE]
From India, Delhi
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Leave policies.doc
Karnataka Leave.xlsx