Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Devibhanu
Trainee(mba)
Ajayparihar
Technical Executive
Jeetesh Chavan
Admin Asst
+7 Others

Thread Started by #shantijimmy

Dear Sir
i am working in a private limited company. I would like to know about the following topics.
1. What should be the working hours (Per day/per week/ per month) in a private limited company
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays isholud follow by a private limited company
Regards
Shanti
3rd December 2009 From India, New Delhi
It is not the constitution of the establishment as to whether it is a public limited company, private limited company, cooperative society, partnership or proprietory form that decides the working hours, leaves and other service conditions of the employees but it is the labour laws applicable to the kind of business being transacted that decides these matters. As such, factories where manufacturing process is being carried out will have to follow rules prescribed under the Factories Act, Mines have to follow Mines Act, Plantations have to follow service rules prescribed under the Plantations Labour Act and those which are in service sector will have to follow the leave and working hours as prescribed in the Shops and Commercial Establishments Act.

Different Acts have set out different rules pertaining to hours of work and the spread over of work with slight changes as applicable to the respective state. Shops and Establishments Act being a state Act is confined only to that state whereas the other Acts are central Acts and will be similar in many respect subject to state rules attached thereto.

For proper guidance the industry your establishment represents is required to be known.

Regards,

Madhu.T.K
3rd December 2009 From India, Kannur
Thanks for the reply. The company where I am working is in Service Sector. I think It may help you to answer my query about the rules and regulations relating to holidays and leaves.
4th December 2009 From India, New Delhi
Dear Then you are required to go through your State Shops & Establishment Act for these different types of leaves. R.N.Khola Office: (M) (O) 0124-4264449
4th December 2009 From India, Delhi
Yes mr. Khola is right .pl u go through the state shop & establishment act whre u can find different section for leave(EL/SL/CL) , working hours, holidays, overtime weekly closer ect. egards Anupam
4th December 2009 From India, Calcutta
Dear R N Khola....
Greetings for the day!!
Can u plz help me know wat is State Shops & Establishment ACt ...is der any site werein i can refer for more details.... sorry if i m asking you silly question but geneuinely i dont know abt dis...would appreciate if u can help me in this ..Awaiting reply....
Thanks & Regards
Shamal.
Recruitement Consultant
PEMS Pvt Ltd..

5th December 2009 From India, Mumbai
Dear Shamal.,
If you are working in Mumbai then go through Bombay Shops & Establishment Act. Our HR members have also given this Act on one of our forums. Try to find out the same.You may also do Google search on 'soft copy of Bombay Shops & Establishment Act, 1948'.

R.N.Khola



5th December 2009 From India, Delhi
We are working in the Construction company as a post of Project manager & Vice president post as a consultancy. Kindly ensure one thing to us is we are eligible for EL & CL as per comapny rule.
Kindly suggest us
14th December 2009 From India, Delhi
Ahemdabad is in Gujrat, So naturally Gujrat Shops and Establishment Act, But there is no Gujrat Shops and Establishment Act. The earst while Bombay Shops and Establishment ACt has been adopted by Gujrat. To keep in mind Gujrat has its own Shops and establishment ACt.
Adv Naveen BHardwaj
9871158855
15th December 2009 From India, Delhi
am working in a private limited company. I would like to know about the following topics.
1. What should be the working hours (Per day/per week/ per month) in a private limited company
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays isholud follow by a private limited company
Regards
Amit Lad
SCPL - Mumbai
23rd September 2010 From India, Mumbai
Hello All, There are many types of Leave? Sick Leave & casual to Employee Leave and Leave Earnd should? You Help me Please regards sameer
27th November 2010 From India, Moradabad
Dear Mr. madhu,
Thank you for your precise & accurate answer. It really enhanced my understanding. Kindly lemme know under which Shops & Establishment act, Noida will be cover ? & Can you provide me a link ?
Thanks & Regards
Karuna Sharma
27th December 2012 From India, New Delhi
I understand that Noida comes in UP District and as such the UP State Shops and Commercial Establishments Act will be applicable to your establishment. The Act ca be viewed from the official website of the Labour Department of UP.
Regards,
Madhu.T.K
27th December 2012 From India, Kannur
devibhanu: i am working in a private limited company. I would like to know about the following topics.
1. What should be the working hours (Per day/per week/ per month) in a private limited company
2. What are the rules relating to leaves (CL/EL/RL/ML) and holidays i sholud follow by a private limited company
Regards
devibhanu
2nd December 2014
#Anonymous
Hello sir,
i am working in us based MNC. The company is not given holiday of national holiday like 2nd oct even. and also only 7 holidays in a year. no cl, el or any Madical leaves are given. when we Employees asked about that, they told us that it is IT company and we are already giving you Saturday,Sunday week offs. And also company is giving us per day salary. It means if you are no working at Saturday,Sunday, you are not able to gain that days salary. For that company told that we are following u.s. employment policy. It is too hard to survive in this company. please guide me with proper Labour law on that topics.
Thanks,
22nd January 2015 From India, Ahmedabad
Please Check this Source: http://www.paycheck.in/main/labour-law-india/leave-and-holidays/paid-leave

You can find following with heading as:

#Earned & Casual Leave in India

Q 1: How many leaves should be applicable in a company?

Earned leaves/ Privilege leaves ,Casual Leave, Leave without pay, Compensatory off

LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT

LEAVE IN ESTABLISHMENTS COVERED UNDERTHE SHOPS AND ESTABLIHMENTS ACT

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971
BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
DELHI SHOPS AND ESTABLISHMENTS ACT, 1954
J&K SHOPS AND ESTABLISHMENTS ACT, 1966
KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961
KERALA SHOPS AND ESTABLISHMENTS ACT, 1960
MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956
PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
Haryana State to refer to Punjab Shops and Establishments Act.
RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947
Uttar Pradesh SHOPS AND ESTABLISHMENTS ACT, 1962
WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963

Q 2: What is Encashment of leave?

Q 3: Can employee take leave during notice period?

Thanks,
Rajesh Agarwal
23rd March 2015 From India, Kolkata
Factory workers are entitled only to one leave for every 20 days physically present during the preceding calendar year. During the first year of service there is no provision for leave with wages under the Factories Act and one will get leave only if he has worked for 240 days in the preceding year. This 240 days may be proportionally reduced depending upon the joining date of the worker.

Employees in shops and commercial establishments shall have leave as per the respective Shops and Commercial Establishments Act. Almost all Shops Act have provided for 12 days of CL and 12 days of Sick Leave during the first year of service and again 12 days of EL/PL after completion of 12 months of service. That means from the second year of service onwards an employee will get 12 CL, 12 SL and 12 PL.

Encashment of unavailed earned leave is permitted at the time the employee leaves the company. However, where there is a maximum limit to the EL/PL which can be accumulated, the leave which may lapse can also be encashed during the service.

There is nothing in the Act which says that an employee should serve notice when he wants to leave the organisation and therefore, nothing about taking leave during notice period or adjusting the leave against the notice pay is available in the Acts. However, if the Certified Standing Orders of the company provides that during the notice period leave will not be sanctioned, it will be binding on the employees who are on notice period. In the absence of any order or HR rule, an employee can take leave during notice period. Again such matters are purely departmental and decision should be taken on case to case matter.

Madhu.T.K
24th March 2015 From India, Kannur
I am working in a (MNC) private limited company. I would like to know about the following topics.
1. What should be the legal criteria for the employee termination of in a (MNC) private limited company?
2. What are the eligible criteria of VRS for permanent employee?
3. If Employee doesn’t want to leave the company, then what will be norms/ rules?
Regards
Ajay
8th April 2015 From Singapore, Singapore
MNCs do not have separate labour rules, they have to follow the laws in India. For terminating an employee (worker) to whom no other employee is reporting, you should follow the retrenchment provisions given in section 25F(or 25N in case you have more than 100 employees) of the Industrial Disputes Act. VRS is purely an arrangement made by the company and by that you cannot force any employee to retire. In respect of employees in supervisory or managerial cadre you can initiate termination as per contract of employment.
Madhu.T.K
9th April 2015 From India, Kannur
Dear Sir/Mam,
On last month of june 15. it was a heavy Rain fall so our all staff unable to join the duty at Office due to transport cancellation. But our management has cancelled our presenty and marked as absenty. Hence our salary will be deducted. So what can i do for this kind of case
7th July 2015 From India, Mumbai
You cannot take advantage of such a situation and therefore, if you could not attend to duty due to any reason, the day should be marked as leave. If the reason for taking leave is genuine, like that happened in the instant case, ie, heavy rain and cancellation of public transport, you can request the management to convert the LOP to CL or PL depending upon the availability of leave.
Madhu.T.K
8th July 2015 From India, Kannur
Dear Amit It is clear that you are working in a company at Bombay. Then the Bombay sops and establishments Act is applicable to your co. Go thro the soft copy of the same in google.
19th July 2015 From India, Chennai
Dear,sir
agar hamara branch office close ho raha ho or company ne hame contract par rakha hai contractor company me hum
8 yr se kam kar rahe hai ab company close ho rahi hai or contractor ne hame 1 month ka notice 26/2/2016 ko diya hai ki office 31/3/2016 ko band ho jaye ga is condicion me hum employee ko contractor se kya - kya benefits mil sakte hai or contractor hume 1 month ke notice dekar hata sakta hai ya use 3 month ka notice dena hoga ya wo 1 month ki extra salary pay kare ga please give me detalle. thank you
8th March 2016 From India, Banswara
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