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mannat@citehr.com
1

Dear Seniors,

Yesterday I have heard that as per Shops and Establishment Act and Factory Act, an employee should get minimum 12 SL/CL and minimum 15 PL. Also, I have heard that an employer can not ask his employee to work for more than 48 hours in a week i.e. 8 hours per day (at an average). In case an employee is asked to work for 9 hours for 5 continous days then the employee has full rights to work for just 3 hours on the 6th day. Also, in case an employee works for more than his shift time then the employer will have to pay double amount of salary for his extra working hours. Now My question is:

1. Is the above mentioned statements true?
2. If yes, then is there any provision to give 12 PL (Vacations)?
3. Can an employer make 9 hours shift per day (6 days in a week) daily?
4. Can an employee take any action against my company's policy?

Please clear this problem because in my company, there are 10 national holidays, 12 Vacations and 6 Sick days. Shift time is 9:30 am to 6:00 pm (company is planning for 9 am to 6.30 pm). No other leaves are there like - maternit leaves, study leaves and all. Also, there is no thing that in case an employee has to work on his week off (for office work) then the employer will not be giving and extra/compensatary off..

Further, it would be great if you could tell me in detail about the minimum leave policy, working hours, week off and all... Also, what all other things are there which is mandatory for the company..

Please help seniors as the policy of my company is going to be implemented very soon.

From India, New Delhi
bhawanashara
1

Dear Mannat,
this is not only the case of your company, but ths is the scenario of every organization...
However, the best thing can be done is to take the help of the higher authority and ask everyone to talk about this to the employer,,,,
make sure that u are not the only one but take everyone in confidence and ask all of the employees to talk about it......
If still they didn't agree...u have full right to take sever action and let them face the music.......

From India, Jaipur
mannat@citehr.com
1

Hi Bhawna,

Thanks a lot for your reply...

Yesterday I was sitting with my senior management to prepare this policy. I have offered few other benefits for employees but they are not getting agreed for that. I have told my seniors as well that whatever I am proposing is as per the standard industry norms but they denied and said that in that case you can say that we are creating a new industry. Now I justwanted to know that is my company policy ethically correct? because I don't think so that with this policy any employee would get happy and wouls like to work. After the discussion with my senior management, I had discussed the same with few senior employees of my company, atleast they are not happy with that and they are saying that as per this policy any employee can take any action against the company because this is the right of every employee as per the shops abd establishment act.

I am totally confused that what to do. We have very few employees in my company say around 12 including the directors, CEo and all. The employees are asking for mediclaim and PF as well. Now I dont know what should I do to get it resolved.

Please help...

From India, New Delhi
mannat@citehr.com
1

Dear Seniors, please reply on this. Also, please let me know that we are a Service Providers Company. So, which act would be applied for our company? Shops and Establishment Act or what?
From India, New Delhi
mannat@citehr.com
1

Dear Seniors, Plzzzzzzzzzzzzzzzzzzzzzzzzz reply as fast as you can... My seniors are asking for the same from me... I don;'t even know as to what to answer them.
From India, New Delhi
malikjs
167

dear mannat
your statement given above is absolutely correct.you will be covered under delhi shop and establisment act .the leave which you have given in your statement is absolutely correct.
answer of your question 1 is yes.answer of question no 2 is no.answer of question 3 is yes but working should not be more than 9 hours in day and 48 hours in a week
question 4 answer is yes.
now come to shift working 930 to 630 ,management can do so for all six days but with one hour break for lunch has to be there.
as per delhi shops and est act spreadover can be upto 12 hour every day but working should not be more than 9 hours a day and 48 hours in a week.
tks
j s malik

From India, Delhi
mannat@citehr.com
1

Hi Malik,
Thnaks a lot for your reply... Please tell me one more thing that what all other things are there in shops and establishment act which is mandatory for all the companies. I mean what all other facilities or benefits are mandatory to give to an employee by the employer.

From India, New Delhi
sriharirajun
1

Dear mannat,
If any organization has 20 or above employees the organization should pay PF. So u orgnization has only 13 employees. So u organization has not covered under PF act. if u wish mediclaim to your employees u can provide that welfare activities to your employees.
Regards
Srihariraju

From India, Pune
mannat@citehr.com
1

Hi,
Please let me know that is my Company Policy Correct as per the shops and agreement act? As per my company policy, all the employees are entitled for 12 vacations, 6 Sick leaves and 10 National Holidays. Thats it... No other leaves or benefits are there. Even if an employee is asked to work on his/her week off day then the company will not be giving any extra off. For mediclaim I will talk with them. But please suggest as to what all things are mandatory to give to an employee by the employer. If we apply above mentioned policiy, then what would would be harm to my company. I just wants to know that for how many leaves, an employee SHOULD be entitled, what SHOULD be the working hours, how many national holidays SHOULD be given to the employee, and so on????????????????????
Please suggest...
Waiting for your guidance and suggestions...

From India, New Delhi
gvivekraj
1

Mannat,
The companies usually give 12 hours of vacation and 6 hours of sick leaves. If you wish to have an addtional benefit to the employees you may ask them to introduece comp offs for the employees. As in you are stating that the employee should even come on saturdays and work, if its the senario that the employee has no holiday on saturday then if the employee is working on sunday then he should be entitled for a comp-off. You may discuss it with your senior on how many hours of work includes one comp-off. This motivates the employees as well contribut to the organisation.

From India, Bangalore
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