hi,
i want to know if a company can differentiate between staff in calculation of leave entitlement and accumulation of employees when all work the same hours? we are a joint venture company and the staff who joined directly from the primary company were given 4 addiitonal days of annual leave as entitlement.(i.e. 25 days per year as against 21 days per year for the others). Now the HR has sent out a notification that staff who were appointed directly after the jv was formed can accumulate leaves upto 26 days while those who were a part of the earlier company are entitlement to accumulate upto 30 days. is this legal?
From Oman, Muscat
i want to know if a company can differentiate between staff in calculation of leave entitlement and accumulation of employees when all work the same hours? we are a joint venture company and the staff who joined directly from the primary company were given 4 addiitonal days of annual leave as entitlement.(i.e. 25 days per year as against 21 days per year for the others). Now the HR has sent out a notification that staff who were appointed directly after the jv was formed can accumulate leaves upto 26 days while those who were a part of the earlier company are entitlement to accumulate upto 30 days. is this legal?
From Oman, Muscat
Yes its legal to carry leave upto 30 days and the same can be encashed, over and above will be lapsed.
Accumalaton of El more than prescribed by the Factories Act and Shop Act automatically laps as per the interpretation of both the provisions.However if any employer want to give etc benefit to their employees can make specific rule and policy for encashment of the same. its totally depends on will and wish of employer.
From India, Madras
2Accumalaton of El more than prescribed by the Factories Act and Shop Act automatically laps as per the interpretation of both the provisions.However if any employer want to give etc benefit to their employees can make specific rule and policy for encashment of the same. its totally depends on will and wish of employer.
From India, Madras
Dear Rd2011,
Diff. sets of leave rules are possible for diff.category of employees. Such policies are in vogue in many companies. This is prevalent especially in mining companies. There exists diff. maximum limits for accumulation of leave as well. It is nothing wrong to have like this, provided, for operational convenience they are formulated and implemented as a personnel policy in any particular Estt. More so in JVs where two or more diff. entities merge as one reincorporating and reenacting old wine in new bottle. In such cases we cannot rule out disparities between two groups. This is not only in leave rules but in other benefits like OT, PF & pension, perks/fringe benefits and so on.
kumar.s.
From India, Bangalore
Diff. sets of leave rules are possible for diff.category of employees. Such policies are in vogue in many companies. This is prevalent especially in mining companies. There exists diff. maximum limits for accumulation of leave as well. It is nothing wrong to have like this, provided, for operational convenience they are formulated and implemented as a personnel policy in any particular Estt. More so in JVs where two or more diff. entities merge as one reincorporating and reenacting old wine in new bottle. In such cases we cannot rule out disparities between two groups. This is not only in leave rules but in other benefits like OT, PF & pension, perks/fringe benefits and so on.
kumar.s.
From India, Bangalore
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