Human Resource And Labour Laws
Swati Saxena
Hr Professional
Dy Manager Hr
Mumbai/ Delhi
+3 Others

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Dear Friends,
I am working in a chartered accountants firm which is partnership firm.
I am working on Leave policy for my company.could anyone please tell me do we come under Delhi Shops & Establishment Acts.
All the laws rules & regulation related to office hour, maternity leaves would be as per the shops & establishment act. please reply.
your comments would be helpful.
please reply.

From India, Delhi
Dear Friends, Sanday & saturday has been passed but i didnt get answer of my question.please reply.
From India, Delhi
Dear Swati, I hv draft a leave policy. pls see the attachment tks P.C.Gupta
From India, Delhi

Attached Files
File Type: doc Leave Policy.doc (29.0 KB, 3385 views)

Dear friend, would u please tell me is this policy has been formulated by u is for partnership firm.or pvt. ltd. companies.
From India, Delhi
can anyone tell me, what minimum number of employees must be there in the establishment, under delhi shops & establishment act-1954, so that the provisions of leave could be implemented in the private limited company?

From India, New Delhi
Dear Swati,
According to Delhi shops and establishment,
Every person employed in an establishment shall be entitled :
(a)after every twelve months', continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days;
Provided that
(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day's casual leave for every month.
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of Section 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under Section 4, shall be entitled to not less than thirty days' privilege leave.
(i) Privilege leave to which an employee is entitled under clause (a) of sub-section (1) or under any such law, contract, custom or usage, award, settlement or agreement as is referred to in section 3, or any part of such leave, if not availed of by such employee, shall be added to the privilege leave in respect of any succeeding period to which he is so entitled, so however, the total period of such privilege leave which may be accumulated by such employee shall not at anyone time exceed three times the period of privilege leave to which he is entitled after every twelve months' employment under that clause or under such law, contract, custom or usage, award, settlement or agreement.
(ii) Leave admissible under clause (b) of sub-section (1) shall not be accumulated].
If an employee entitled to leave under clause (a) of sub-section (1) of this section is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him full wages for the period of leave due to him.

From India, Mumbai
Dear All,
Can any one share what is the procedure for declaring the list of holidays pertaining to Delhi under shops and establishment act & where we want to submit the request letter after preparation of holidays list.

From India, Delhi
I m working in a partnership firm. They will provide 27 days leave in a year but if any one takes more leave the salry will be deducted. But if somebody get 7 days leave left then they are forfitted. And there is no provision of leave encashment. Please provide any rule that shows leave enchashment is compulsary for all establishments.
From India, Delhi
Could someone kinldy tell me what is the definition of the word WAGE for leave encashment when an employee is leaving the organisation and his privelege leave is being encashed.
From India, Delhi
Fellow members,
A close reading of Section 22 indicates the following useful points:
i. MAXIMUM leave accumulation of PL cannot exceed 45 days
ii. There is NO MINIMUM limit for PL accumulation
iii. The encashment of PL is mandatory only when the employee departs from the company either by way or termination, retirement or resignation. Yearly encashment is not prescribed by law.

From India, Delhi
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