Hi Everyone, Can anyone confirm if "Casual leave" is mandatory for employees in an IT company or rather why any company has a Casual leave category.
From India, Chennai
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From India, Chennai
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Dear Leena,
I think that your IT company is functioning from Chennai. IT and ITES establishments are covered by the respective State Shops and Establishments Act where they are actually located. Invariably, all State Shops and Establishments Acts have three kinds of leave in common, namely EL/PL, CL, and Sick Leave, with different scales. Therefore, it is mandatory to grant such leave to the employees not less than the statutory scales prescribed therein accordingly.
In your case, you have to follow the leave provisions prescribed under the Tamil Nadu Shops and Establishments Act, 1947.
Leave is one of the statutory conditions of employment, the main purpose of which, inter alia, is to enable the employee to discharge his personal or social obligations like any other member of society. At the same time, it cannot be claimed as a matter of right by the employee. The employer has the discretion to grant or refuse the leave applied for based on the exigencies of work. Therefore, it implies that prior application for leave and its formal sanction by the employer are the prerequisites of any leave. However, time and situational position can be practical impediments at times to relax the rules of prior application and sanction. The term 'casual' means in relation to events that something happening by chance or an unexpected event which cannot be foreseen. So, casual leave is for the purpose of being away from work on account of some urgent as well as unexpected purposes by means of intimation to the employer in whatever possible manner.
From India, Salem
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6185I think that your IT company is functioning from Chennai. IT and ITES establishments are covered by the respective State Shops and Establishments Act where they are actually located. Invariably, all State Shops and Establishments Acts have three kinds of leave in common, namely EL/PL, CL, and Sick Leave, with different scales. Therefore, it is mandatory to grant such leave to the employees not less than the statutory scales prescribed therein accordingly.
In your case, you have to follow the leave provisions prescribed under the Tamil Nadu Shops and Establishments Act, 1947.
Leave is one of the statutory conditions of employment, the main purpose of which, inter alia, is to enable the employee to discharge his personal or social obligations like any other member of society. At the same time, it cannot be claimed as a matter of right by the employee. The employer has the discretion to grant or refuse the leave applied for based on the exigencies of work. Therefore, it implies that prior application for leave and its formal sanction by the employer are the prerequisites of any leave. However, time and situational position can be practical impediments at times to relax the rules of prior application and sanction. The term 'casual' means in relation to events that something happening by chance or an unexpected event which cannot be foreseen. So, casual leave is for the purpose of being away from work on account of some urgent as well as unexpected purposes by means of intimation to the employer in whatever possible manner.
From India, Salem
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Leave Policy.doc