Leaves & Holidays - Shops And Establishment Act
CiteLegal
 
HOME RISE NEW ABOUT LOGIN
Home > Human Resource Section > Talk To Seniors

Leaves & Holidays - Shops And Establishment Act

deepali_patrikar Started The Discussion:

Dear Seniors,

Hello I am working in a builder firm as an HR Person. Till this time we never had any leave policy in our office, now the partners are deciding to adopt one, i proposed them that there should be minimum 21 days leave granted to the employees, however the top bosses are not agreeing to it and saying that the national holidays will be inclusive in the leave which comes to 16 days in a year and rest 5 days the staff can take the leave. would like to know is there any difference between the holiday and leaves and is the difference stated in any of the acts. This way the system is not beneficiary to the staff and is also not professional. This is creating a kind of demotivation among the staff. Please help me at the earliest.

thanking you in anticipation.

regards,
Deepali

chintjagan - Member Since: May 2008
Dear deepali


Holiday is given by the company with pay and leave is taken by the employee. In an organisation there will be 12 to 15days annual holidays which includes national holidays also. Some holidays depends on the company type or nature.


regards
Susheelarao

rajsawster - Member Since: Jan 2008
Hi Deepali,

Buy Shops and Establishment Act with State Rules whic shates leave provision and holidays.

Then bring to the notice of your owners that this is mandatory provisions as per laws of the state and they must agree to this.

Your owners of the company will not agree until you provide proof of supporting documents to recommendation made by you justified.

Regards

Sawant

deepali_patrikar - Member Since: May 2008
Thank you everybody for giving me an early reply.

I have checked again the shop & establishment act however there is no clear cut notification that a company has to give the National holidays 14 to 16 days over and above the 21 days Paid leaves. My management is still saying that we will announce 25 days total leave (inclusive of 4 mandatory national holidays) and no other holidays will be granted. If the leave is balance then the staff will be allowed to take leave on particular festivals or else it will be considered Leave without Pay. Please give me the exact reference of the section as per the Shop and Establishment Act that i can show to my management as a proof of evidence.


Regards,
Deepali

ssanchita - Member Since: Nov 2007
Dear Deepali,

There are standard 13 holidays in a year (Including national holidays also), apart from that Employees should eligible to take leaves also, i.e. Annual Leaves ( Varies from 15 days to 21 Days- Working days) and Sick Leaves (10 Working days).

Hope this will help to solve your query.

Thanks
SS

Rajeev Verma - Member Since: Apr 2008
Deepali, Check the following Link. http://www.citehr.com/images/misc/tag.png (Difference between Holidays and Leaves) at http://www.citehr.com/123200-difference-between-holidays-leaves.html

samvedan - Member Since: Sep 2005
Hello,

1. Your establishment is definitely covered by the "Bombay Shops and Commercial Establishments Act". It provides for Earned/Privilage Leave which comes to about 21 days fopr a year and is earned at a rate also specified in the act. Employers wish does not matter UNLESS knowing the employer wishes to breach applicable law!
2. Depending upon the salary/wage levels your establishment may also be covered under the ESI Act where the employer is not required to give "sick leaves" but the covered employee is eligible to receice "sickness benefit" for all absence greater tha. two days the "benefit" is roughly 5/8th of the salary/wage for the period of sickness. And this benefit is available, theoreticall, for over 90 days in a year.
3. Paid Holidays or generally known as Festival holidays are governed by the Negotial Instruments Act and National and Festival Holidays Act. You have to read these up. The paid holidays that the State Govt declared for each year are NOT binding on the employer but the Shops Act also states that, 26th January, 1st May, 15th August and 2nd October as compulsory holidays and if the employees are required to work on these days then they have to be compensated additionally.
So mostly your subject is covered by different laws and the employer has precious little discretion in the matter. Collect and compile the data and present to your superiors as what the law states and as what you recommend. Hopefully they will understand. If despite all this the powers that be wishe to ignore all this, in your position inthe hierarchy there isnothing much you can do! Either lump it or look out!
Regards
samvedan
September 15, 2008


Attached FilesProvided by community member samvedan. Join us to learn and grow with your peers.
File Type: doc LeaveRules-Shops Act.doc (187.5 KB, 1487 views)
piyali bhadra - Member Since: Jul 2008
Dear Dipali

I would suggest that there should be 9 sick leave nd 12 casual leave in the leave policy. Apart 4m dat, public holidays are paid leaves.If an employee can avail more than 9 sick and 12 casual leaves , then it will go LWP( leave without pay).

regards
Piyali Bhadra

deepali_patrikar - Member Since: May 2008
Dear All,

Your answers are very well elaborative, however after studying the Shop and Establishment act i am still not clear on the point that is there any provision in act that states the employer has to give public holidays in addition to the 21 days annual leave. As my employer is saying that we are not going to declare any public holidays in the company only the 4 national holidays that are mandatory. This mean if i want a holiday on Diwali or Dusshera then i will have to apply for a leave for that particular day while the staff from other organisation would actually be enjoying a holiday, i will have one leave deducted from my 21 days quota. this way if i calculate the major festivals then i will have to take minimum 12 leaves in a year so at the end of it i will have only 13 leaves in my hand. Is there any provision in the Act that states clearly that Public holidays are to granted over and above the annual leave.

Seniors pl reply asap as i have provide evidence to the management.

Regards,

Deepali

faisalb4u - Member Since: Aug 2007
As already much hav been discussed in the length about the leaves and holidays in the above posts, I dont have anything left to define or say.
But there is something like that if you mix your leave with the national or proposed holiday then that day of holiday may be counted as a leave. (although i m not sure of that !!!)

For example: If saturday is a working day at your office and you take two leaves, leaves on saturday and monday (with sunday being a natural holiday) then in such a situation it may be counted as three leaves.


Regards,

Faisal Mustafa Khan



Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.






Explore Topical Knowledge Areas

Interesting Relevant Discussions


DISCUSSSION STATISTICS


4746
VIEWS

11
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network