As per your leave policy an employee can forward maximum of 7 days leave to his credit at the end of year. you must be knowing that an employee can have a maximum of 30 days of leaves to his credit under the Factories act.According to F Act earned leaves are caculated as per calender year.Earlier you were giving 30 days leave per year i.e. 2.5 per month while now you will be allowing only 18 days of leaves. It seems that you are changing the service conditions without notice to the employees. This is also not clear that whether your unit is either covered under Shop Act or F.Act,1948. If your unit is covered under Industrial Disputes Act,1947 then a notice for 21 days is required for such change. Plz look into the matter & examine.
Submitted just only for information.
(Labour Law & Legal Consultants)
My company is covered under Shops and Establishment Act and is based in Noida (UP).
I am well aware that in that case (coverage), legally an employee shoud get 40 days leave in one calender year (15 EL, 15 SL & 10 CL).
All the employees were informed in March 09 about the changes and were communicated through meeting and conference calls (meeting headed by HEad HR).
Also, the decision of shortening leaves has been taken by the Management, i am just following that...:neutral::neutral:
Anyway thanks for the suggestion.
Leave is on the basis of different Laws.
Leave is also on the basis of working days.
e.g. Under the Factories Act 1948 the detail / calculation as below:
Earned Leave : Working days / 20
Casual Leave : Working days / 40
Treat the working days except holidays.
I shall be much grateful and thankful to your goodself if you clarify on the following :
1) If an employee is taking leave on LOP on Saturday and Monday does the Sunday also count as LOP and If so is it legally correct?
2) Suppose if an employee leaves the job after completing probation period of one year waited for more than 3 months and yet to know whether his service is confirmed or extended in writing from the Management, whether he is entitled for SL and EL when he is getting full and final settlement.
3) Whether it is mandatory to serve one month notice as the validity of appointment order expired 3 months earlier and not received any communication from the management after completion of probation?
Kindly clarify pl.
Thanks and I remain
i went thru the leave format its really good but can u tell me it can be used in a public School. how many standard leaves should be there as we are a new school and planning to give all leaves to our satff. please help me how many leaves should be there for adhoc, probatio and confirm staff in teaching and nonteaching.
In my opinion we are not allowed to ask the employees to consume PL during the year as he can accumulate his EL upto certain limit as allowed under the Law applicable to your company. First see which of the Act relating to grant of PL is applicable & see upto what exent an employee can accumulate his PL to his credit.In general law relating to grant of CL says that CL if not availed will lapse at the end of the year. Therefore see which of the Act is Act is applicable to you & then go through provisions relating to the grant of casual leaves.