Dear Seniors,
I am assigned to draft a leave policy for an sme with 100 employee(staff+workers). I have an query about casual leave. is it compulsory to include it as a part of leave policy(including PL, SL and other leaves)?
if so what is the minimum no of casual leaves that can be implemented in an organisation?
Warms Regards,
Hrishi
From India, Mumbai
1I am assigned to draft a leave policy for an sme with 100 employee(staff+workers). I have an query about casual leave. is it compulsory to include it as a part of leave policy(including PL, SL and other leaves)?
if so what is the minimum no of casual leaves that can be implemented in an organisation?
Warms Regards,
Hrishi
From India, Mumbai
As far as i know CL is not mandatory but as per factory act ,one PL has to given for every 20 day of work that too after employee completes 240 days.
From India, Pune
From India, Pune
If you are coming under shops and establishments act, go by your what law says in your state.
If you are under factories act. Then for every 20 working days 1 day leave have to provide after completing of 240 days and as per industrial standing orders act you have to give 10 days CL with or without pay as per the model standing orders.
Eswar
Manager-HR
managing others is not an easy task, but managing yourself for good is easy.
From India, Chennai
If you are under factories act. Then for every 20 working days 1 day leave have to provide after completing of 240 days and as per industrial standing orders act you have to give 10 days CL with or without pay as per the model standing orders.
Eswar
Manager-HR
managing others is not an easy task, but managing yourself for good is easy.
From India, Chennai
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Every leave is compulsory!!! whether it is CL/SL or EL
in factory act a total 14 CL/SL to be given to an employee in a year that is in 7+7 order.
and in s&e act a total of 12 CL/SL to be given to an employee which again would be in 6+6 order, and same you can pay as CL of 12/14 accordingly,
if you are giving more then 3 days SL/CL then you need medical certificate for the purpose and can mark it as SL otherwise all 12/14 to be paid as CL.
Regards
Nandan Negi
From India, Delhi
Every leave is compulsory!!! whether it is CL/SL or EL
in factory act a total 14 CL/SL to be given to an employee in a year that is in 7+7 order.
and in s&e act a total of 12 CL/SL to be given to an employee which again would be in 6+6 order, and same you can pay as CL of 12/14 accordingly,
if you are giving more then 3 days SL/CL then you need medical certificate for the purpose and can mark it as SL otherwise all 12/14 to be paid as CL.
Regards
Nandan Negi
From India, Delhi
factory act 1948 and s&e act 1956 in factory act kindly go through Chapter VIII of factory act.
From India, Delhi
From India, Delhi
Dear Nandan Negi Please provide the extract of Chapter VIII which specifies that CL / SL is compulsory in a factory. Regards K Lakshme Devi
From India, Pondicherry
From India, Pondicherry
Mistake!!! To K Lakshme Devi, CL/SL is not mandatory as per current law, but marked in the act to be paid. rest is as per company policy. Best Regards Nandan S Negi
From India, Delhi
From India, Delhi
THE FACTORIES ACT [Act No. 63 of 1948] As amended by the Factories (Amendment) Act, 1987] .
. CHAPTER VIII, Annual Leave with Wages .
....
79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :-
if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
any days of lay-off; by agreement or contract or as permissible under the standing orders;
in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
26[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service,during the course of the calendar year, he or his heir or nominee, as the case may be,shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before the discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1),even if he had not worked for the entire period specified i sub- section(1) or sub-section(2) making him eligible to avail of such leave, and such payment shall be made-
where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than a half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2),as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub- sections (8) and (9) 27[or in contravention of sub-section (10)] shall be entitled to carry 2 forward the 28[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputed Act, 1947 (XIV of 1947), or a similar Committee under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be,in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section(1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken,and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Ple let me know where is it mention?
Regards
Eswar
From India, Chennai
. CHAPTER VIII, Annual Leave with Wages .
....
79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :-
if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
any days of lay-off; by agreement or contract or as permissible under the standing orders;
in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
26[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service,during the course of the calendar year, he or his heir or nominee, as the case may be,shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before the discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1),even if he had not worked for the entire period specified i sub- section(1) or sub-section(2) making him eligible to avail of such leave, and such payment shall be made-
where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than a half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2),as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub- sections (8) and (9) 27[or in contravention of sub-section (10)] shall be entitled to carry 2 forward the 28[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputed Act, 1947 (XIV of 1947), or a similar Committee under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be,in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section(1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken,and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Ple let me know where is it mention?
Regards
Eswar
From India, Chennai
Hi
if your company , is registered as Factory, you need to follow the Factories Act rules else Shops & Estb Act, the leave rules are priscribed therein.
As long as the leaves given to employees or workers are more or equal as presciribed in Act, there is no issue whether you bifurcate with different names or say basket of leaves.
From India, Hyderabad
if your company , is registered as Factory, you need to follow the Factories Act rules else Shops & Estb Act, the leave rules are priscribed therein.
As long as the leaves given to employees or workers are more or equal as presciribed in Act, there is no issue whether you bifurcate with different names or say basket of leaves.
From India, Hyderabad
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