Hi, I have a query. My company has a total leave policy of 21 days - 7 PL / 7 SL / 7 CL. Leave calculation is as per April 2019 - March 2020. If a new employee joins in the month of May and has a probation period of 3 months, after completion of his/her probation period, what will be the total number of leave applicable for that employee and how is it calculated? Awaiting your reply.
From India, Ahmedabad
Acknowledge(0)
Amend(0)
From India, Ahmedabad
Acknowledge(0)Amend(0)
Dear Frined, Simple calculation, he is eligible from Sep-19 so PL-7/12 ( April to Mar 12 Months)*7 (Sep to Mar) =4. Do same calculation for all.
From India, Mumbai
Acknowledge(0)Amend(0)
429From India, Mumbai
Acknowledge(0)Amend(0)
Understanding Leave Policies Under the Gujarat Shops and Establishments Act
In the first place, it would have been better if you mentioned the type of your establishment and the establishment-specific Labor Law covering it. So one is left to make an educated guess that your company must be a shop or establishment covered by the Gujarat Shops and Establishments Act, 1948. As I understand, the Gujarat State Government has very recently passed the GSE Act, 2019 by incorporating the provisions of the Model Shops and Establishments (Regulation of Employment & Conditions of Service) Act, 2016 already introduced by the Government of India. The scales of leave you mentioned seem to be less; better check with the Act.
Leave Entitlements for Different Employee Categories
Secondly, no Indian Labor Law discriminates between permanent/confirmed employees and temporary employees/probationers in respect of service conditions like leave and holidays. Therefore, no employee can be denied their eligible leave during the period of their probation.
Leave Provisions Under the Model S&E Act, 2016
Thirdly, as per the leave provisions of sec. 11 of the Model S&E Act, 2016, apart from the regular weekly holiday of one day, every employee is entitled to 8 days of CL to be credited on a quarterly basis, EL calculated on the basis of one day for every 20 days of service (minimum of 240 days) rendered in the previous calendar year, and 8 paid festival holidays, including Independence Day, Republic Day, and Gandhi Jayanthi.
Calculating Leave on a Pro-rata Basis
Finally, since the above leave is calendar year-based only, I hope that you can arrive at the eligible leave of an employee joining in the middle of the year on a pro-rata basis.
From India, Salem
Acknowledge(0)Amend(0)
In the first place, it would have been better if you mentioned the type of your establishment and the establishment-specific Labor Law covering it. So one is left to make an educated guess that your company must be a shop or establishment covered by the Gujarat Shops and Establishments Act, 1948. As I understand, the Gujarat State Government has very recently passed the GSE Act, 2019 by incorporating the provisions of the Model Shops and Establishments (Regulation of Employment & Conditions of Service) Act, 2016 already introduced by the Government of India. The scales of leave you mentioned seem to be less; better check with the Act.
Leave Entitlements for Different Employee Categories
Secondly, no Indian Labor Law discriminates between permanent/confirmed employees and temporary employees/probationers in respect of service conditions like leave and holidays. Therefore, no employee can be denied their eligible leave during the period of their probation.
Leave Provisions Under the Model S&E Act, 2016
Thirdly, as per the leave provisions of sec. 11 of the Model S&E Act, 2016, apart from the regular weekly holiday of one day, every employee is entitled to 8 days of CL to be credited on a quarterly basis, EL calculated on the basis of one day for every 20 days of service (minimum of 240 days) rendered in the previous calendar year, and 8 paid festival holidays, including Independence Day, Republic Day, and Gandhi Jayanthi.
Calculating Leave on a Pro-rata Basis
Finally, since the above leave is calendar year-based only, I hope that you can arrive at the eligible leave of an employee joining in the middle of the year on a pro-rata basis.
From India, Salem
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf
Leave Encashment & Salary Calculation.xls x