I have query related to Privilege Leaves (PL). If a person goes on PL leave from Monday to Friday (Saturday and Sunday are weekly offs), how many days should be counted as leaves (as per Government policy)? Should it be 5 days or 7 days (counting 1 Sunday and Saturday)? In such cases, are private companies allowed to count the leave for 7 day?
Kindly let me know the answer to this query and also provide me exact url/ documents which specifies the government policy related to this.
From India, Mumbai
Kindly let me know the answer to this query and also provide me exact url/ documents which specifies the government policy related to this.
From India, Mumbai
PL is governed either by Factories Act and Shops and Establishments Act Holidays falling before and after the Pl will not be included. Siva
From India, Chennai
368From India, Chennai
If he goes on leave from Mon - Fri, then deduct 5 days PL. If Wed is a decalred holiday, then his PL is also 5 and not 4 because any sundays/ holidays falling within his leave days will be calculated for PL. this is not the case with CL /SL calculation.
Similarly CL,SL cannot be clubbed with PL continuously. He has to atleast work for a day to break the continuity.
Regards,
Chandru
From India, Madras
Similarly CL,SL cannot be clubbed with PL continuously. He has to atleast work for a day to break the continuity.
Regards,
Chandru
From India, Madras
Hi Bhavin,
It may not happen so in reality. He would have exhausted SL or he can avail PL/EL. It is all with the way HR handles it. See to that the employee does not suffer loss of pay inspite of having sufficient leave days.
Instead of the SL getting lapsed after accumulation, use it and adjust.
But always give narration in his leave balance column as to how and why the leave days were adjusted. Thatz it.
Regards,
Chandru
From India, Madras
It may not happen so in reality. He would have exhausted SL or he can avail PL/EL. It is all with the way HR handles it. See to that the employee does not suffer loss of pay inspite of having sufficient leave days.
Instead of the SL getting lapsed after accumulation, use it and adjust.
But always give narration in his leave balance column as to how and why the leave days were adjusted. Thatz it.
Regards,
Chandru
From India, Madras
Hi,
I Agree with Chandu..It all depends on the way HR handles it, it is very discretional in nature..
Even i would like to know the exact section under shops & establishment act which states that the holiday before & after PL should not be counted as PL.
Regards
Shweta
I Agree with Chandu..It all depends on the way HR handles it, it is very discretional in nature..
Even i would like to know the exact section under shops & establishment act which states that the holiday before & after PL should not be counted as PL.
Regards
Shweta
As per the TN Shop and Establishments Act, 1947, Sec 25 speaks in elaborate about the leave structure entitled in that state.
sub-sec 27 -- says "Notwithstanding anything contained in sec 25, the state govt may, by notification, increase the total number of annual holidays and the maximum number of days upto which such holidays may be accumulated in respect of any establishment."
Again the clubbing of leave days with CL/SL/PL is also with HR. Out of these leaves casual & sick leaves can be availed only during that calendar (some follow Fin year?) year.. whereas Privilege leaves are carried forward to the next year.. and these can be encashed (some companies pay at the final settlement. )
Sec-28 syas"Any labour Inspector may interrupt on behalf of any person employed to recover any sum from employer that was not paid to due to erroneous company policy"
The leave days definitley vary from state to state and I remember there is a book with Chand & co that has all State Acts in one book. Pls check it.
When the management has no firm stand on the clear policy to be implemented, it becomes difficult for the HR to explain to its employees. The employee hand book has to be given to all and doubt will become a problem when things are not transparent as to what to follow and to hwo many leaves they are entitled.
A company with HO in Mumbai has to follow Maharashtra Act, its branch in Chennai has to follow Tamilnadu Act. Else confusion may arise during the payroll calculation when done according to HO approach.
Regards,
Chandru
From India, Madras
sub-sec 27 -- says "Notwithstanding anything contained in sec 25, the state govt may, by notification, increase the total number of annual holidays and the maximum number of days upto which such holidays may be accumulated in respect of any establishment."
Again the clubbing of leave days with CL/SL/PL is also with HR. Out of these leaves casual & sick leaves can be availed only during that calendar (some follow Fin year?) year.. whereas Privilege leaves are carried forward to the next year.. and these can be encashed (some companies pay at the final settlement. )
Sec-28 syas"Any labour Inspector may interrupt on behalf of any person employed to recover any sum from employer that was not paid to due to erroneous company policy"
The leave days definitley vary from state to state and I remember there is a book with Chand & co that has all State Acts in one book. Pls check it.
When the management has no firm stand on the clear policy to be implemented, it becomes difficult for the HR to explain to its employees. The employee hand book has to be given to all and doubt will become a problem when things are not transparent as to what to follow and to hwo many leaves they are entitled.
A company with HO in Mumbai has to follow Maharashtra Act, its branch in Chennai has to follow Tamilnadu Act. Else confusion may arise during the payroll calculation when done according to HO approach.
Regards,
Chandru
From India, Madras
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