Leave Rules under Shops & Establishment Act
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Leave Rules under Shops & Establishment Act

jayant.joshi Started The Discussion:

Kindly provide Leave Rules under Shops & Establishment Act 1 Karnataka 2 Maharashtra 3 Gujarat 4. Noida 5 A.P. 6. Tamilnadu

mrt3571 - Member Since: Jun 2011
Jayanth Pls go through the acts for different state and publish the leave applicable accordingly for each states. It would be informative.

kvjraghunath - Member Since: Aug 2010
Dear

Find the Shops & Establishment Acts of 5 states and find the AP Shops & Establishment Act from the below link AP Shops & Establishment Act




All the best

KVJ Raghunath


Attached FilesProvided by community member kvjraghunath. Join us to learn and grow with your peers.
File Type: pdf Karnataka-Shops %26 Commercial Establishment Act.pdf (60.7 KB, 845 views)
File Type: doc The Bombay Shops %26 Establishments Act 1948.doc (267.0 KB, 877 views)
File Type: doc THE ASSAM SHOPS AND ESTABLISHMENTS ACT%2C 1971.doc (61.5 KB, 231 views)
File Type: doc The Delhi Shops and Establishments Act%2C 1954.doc (282.5 KB, 568 views)
File Type: pdf The Punjab Shops and Commercial Establishments Act%2C 1958.pdf (178.8 KB, 1088 views)
manojprasad - Member Since: Dec 2008
Dear Jayant Pls. find attached consolidated data for leave rules for shop act.


Attached FilesProvided by community member manojprasad. Join us to learn and grow with your peers.
File Type: xls S E Leave Details - Pan India.xls (29.5 KB, 1500 views)
vinayakumar - Member Since: May 2007
There are Two Primary Laws which govern the holidays and leave policy of your company. In Karnataka they are:-

The Karnataka Shops and Commercials Establishments Act, 1961


Similar legislations have been enacted in other States.


The Holidays and Leaves under these Statutes can be categorized as follows:-


National Holidays: These holidays are declared compulsorily and the establishments do not have flexibility in timing them


26th January, 1st May, 15th August, 2nd October and 1st November


Festival Holidays: Though the festival holidays are compulsory the establishment has the flexibility to choose from a list of about 50 festivals available in the Schedule to The Karnataka Industrial, Establishments (National and Festival Holidays) Act, 1963. Five festival holidays in each calendar year have to be declared in addition to the National Holidays.


General Elections: In case of general elections to the Lok Sabha and Vidhana Sabha and in case of any by election, a holiday needs to be declared to all employees on polling day.


Weekly Holidays: Every establishment is required to remain closed for atleast one day of the week. The employer shall fix such date at the beginning of the year.


Information Technology Establishments; Information Technology enabling services or establishments; & Bio-Technology and Research Centres in addition to certain other establishments are exempt from the provisions of Weekly Holidays.


Annual leave with wages: Every employee in an establishment is entitled to leave with wages and is calculated as follows:-


Earned Leave: One day for every twenty days work performed by him, in case of an adult. This works out to about 1.5 Days a month and 18 Days per annum.


Contingency/ Sick/ Medical Leave: Every employee is also entitled to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause.


Carry forward of Leave balances: If an employee does not in any one calendar year take the whole of the leave allowed to him as above, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year.


The total number of the days of leave that may be carried forward to a succeeding year should not exceed thirty days. The excess leave will either expire or will have to be paid to the Employee as Leave Encashment


Other leaves include Maternity leave, ESI leave etc.: The national, Festival and Weekly holidays declared by the establishment needs to be prominently displayed at the place of business and should be intimated to the Labour Department, every Calendar year.


The table below summarizes the Minimum Leave/ Holidays requirements for an establishment registered under The Karnataka Shops and Commercial Establishments Act, 1961

Sl Type of Leave Number
No. Holiday of Days


1 National Holidays 5


2 Festival Holidays 5


3 Weekly Holidays 52


4 Earned Leave 18


5 Contingency Leave 12


Total 92




The total of 92 days mentioned in the above table may seem quite a lot but in actual practice, if one were to include holidays that an employer is forced to declare because of the frequent bandhs, demise of prominent personalities etc.

vinayakumar - Member Since: May 2007
[QUOTE=vinayakumar;1998140]There are Two Primary Laws which govern the holidays and leave policy of your company. In Karnataka they are:-

The Karnataka Shops and Commercials Establishments Act, 1961


Similar legislations have been enacted in other States.


The Holidays and Leaves under these Statutes can be categorized as follows:-


National Holidays: These holidays are declared compulsorily and the establishments do not have flexibility in timing them


26th January, 1st May, 15th August, 2nd October and 1st November


Festival Holidays: Though the festival holidays are compulsory the establishment has the flexibility to choose from a list of about 50 festivals available in the Schedule to The Karnataka Industrial, Establishments (National and Festival Holidays) Act, 1963. Five festival holidays in each calendar year have to be declared in addition to the National Holidays.


General Elections: In case of general elections to the Lok Sabha and Vidhana Sabha and in case of any by election, a holiday needs to be declared to all employees on polling day.


Weekly Holidays: Every establishment is required to remain closed for atleast one day of the week. The employer shall fix such date at the beginning of the year.


Information Technology Establishments; Information Technology enabling services or establishments; & Bio-Technology and Research Centres in addition to certain other establishments are exempt from the provisions of Weekly Holidays.


Annual leave with wages: Every employee in an establishment is entitled to leave with wages and is calculated as follows:-


Earned Leave: One day for every twenty days work performed by him, in case of an adult. This works out to about 1.5 Days a month and 18 Days per annum.


Contingency/ Sick/ Medical Leave: Every employee is also entitled to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause.


Carry forward of Leave balances: If an employee does not in any one calendar year take the whole of the leave allowed to him as above, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year.


The total number of the days of leave that may be carried forward to a succeeding year should not exceed thirty days. The excess leave will either expire or will have to be paid to the Employee as Leave Encashment


Other leaves include Maternity leave, ESI leave etc.: The national, Festival and Weekly holidays declared by the establishment needs to be prominently displayed at the place of business and should be intimated to the Labour Department, every Calendar year.


The table below summarizes the Minimum Leave/ Holidays requirements for an establishment registered under The Karnataka Shops and Commercial Establishments Act, 1961

Sl Type of Leave Number
No. Holiday of Days


1 National Holidays 5


2 Festival Holidays 5


3 Weekly Holidays 52


4 Earned Leave 18


5 Contingency Leave 12


Total 92

vensraddi143 - Member Since: Aug 2010
hi friends this is venkat from bangalore am working one of group of companies under this one of unit is under shops and commercial establishment act so pls suggest me which ever registers to be maintain.

regards
VENKAT (HR)
8050988858

saif_kaif - Member Since: Mar 2009
Dear Venkat,

As per Karnataka Shops & Establishment Act, please maintain the register

(a) Reg. Of leave with wages Form–F
(b) Visit book
(c) Appointment order in Form –Q
(d) Notice to be exhibited on weekly holida ys in Form P
(e) Registration certificate to be exhibited in Form C

regards
Khaliqur Rahman
+919711225760

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