Dear All!! I’m an HR executive working in an IT company situated in Kerala. I need your support to frame a leave policy for my organization.
From India, Kozhikode
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From India, Kozhikode
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Your leave policy would be based on Shops and Establishment Act applicable to your state, and also more or less in line with similar establishments in Kerala
From India, Madras
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320From India, Madras
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No leave policy that does not allow 12 days of casual leave, 12 days of sick leave, and 12 days of earned leave (after completion of 12 months of service) during a year will be illegal. At the same time, you are free to give any additional number of leave. Please remember that the above-mentioned leaves are to be given to each employee even if you work for 5 days.
From India, Kannur
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From India, Kannur
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12 days of annual leave is correct. However, in the case of CL and SL, the relevant section 13(2) of the Kerala Shops and Commercial Establishments Act 1960 reads, "Every employee in an establishment shall also be entitled, during every twelve months of continuous service, a) to leave with wages for a period not exceeding twelve days on the grounds of any sickness incurred or accident sustained by him, and b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground." So, 12 days of SL and CL prescribed are not a minimum but a maximum in a year.
There are IT companies in Trivandrum that provide SL, CL for less than 12 days in a year based on the above wording. In addition, IT employees are entitled to leaves under the ESI Act and Maternity Benefits Act, as well as for holidays as per the Kerala National and Festival Holidays Act. The Standing Orders Act is applicable to IT establishments in Kerala having 50 or more workmen. Until standing orders are certified for such establishments, the model standing orders of Kerala will be applicable, which prescribe 10 casual leaves.
IT companies in Trivandrum may contact me for further advice. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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There are IT companies in Trivandrum that provide SL, CL for less than 12 days in a year based on the above wording. In addition, IT employees are entitled to leaves under the ESI Act and Maternity Benefits Act, as well as for holidays as per the Kerala National and Festival Holidays Act. The Standing Orders Act is applicable to IT establishments in Kerala having 50 or more workmen. Until standing orders are certified for such establishments, the model standing orders of Kerala will be applicable, which prescribe 10 casual leaves.
IT companies in Trivandrum may contact me for further advice. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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The wording "not EXCEEDING 12 days" has been misinterpreted by many companies. I get queries saying that why should we give 12 days leave because the Act says that it is maximum 12 days and as such we can give 7 or 9 days leave also. But one important thing is that the wording is like this, "Every employee is ENTITLED TO.......12 days leave...." The word ENTITLED makes the interpretation different. If it was like, every employer shall give a maximum of 12 days leave, then it is for the employer to decide how much leave to be given whereas when it becomes an ENTITLEMENT of EMPLOYEE, it is the right of an employee to get 12 days leave. Yes, he cannot ask for more than 12 days CL or SL, but can demand 12 days SL or CL, as the case may be, and the employer should give it.
From India, Kannur
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From India, Kannur
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Dear Madhu/Varghese Sir,
Any establishment that has obtained registration under the Kerala Shops Act is required to also obtain registration under the Kerala National and Festival Holidays Act.
Kindly revert.
Regards
From India, Mumbai
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Any establishment that has obtained registration under the Kerala Shops Act is required to also obtain registration under the Kerala National and Festival Holidays Act.
Kindly revert.
Regards
From India, Mumbai
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If the establishment has 20 or more employees, it is mandatory to allow holidays as per the Kerala National and Festival Holidays Act. There is no system of registration under that Act. Registration under the Shop and Commercial Establishments Act is enough.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Separate registration is not required as there is no provision for registration under holidays Act.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Varghese Sir,
Thank you for the reply regarding the Kerala National Festival and Holidays Act. May I request you to share the process flow for making an application to the Statutory Authority regarding the same.
Regards,
From India, Mumbai
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Thank you for the reply regarding the Kerala National Festival and Holidays Act. May I request you to share the process flow for making an application to the Statutory Authority regarding the same.
Regards,
From India, Mumbai
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