Head - Human Resources
Labour Laws & Ir
Senior Hr Manager
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Human Resources - Generalist
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Any legal binding on companies to give CL and SL to the employees(staff not workers)?
28th February 2010 From India, Mumbai
First examine which of the law is applicable to your company relating to the grant of casual & sick leaves & then go through the definition of the employee or worker which are entitled to have these leaves. If your so called staff is not covered under the definition of these beneficiaries then you are not legally bound to grant these leaves to those employed persons called staff. In that case we are to grant CL & SL as per terms & conditions of employment or as per Rules applicable to that category of employees in your company.
28th February 2010 From India, Delhi
as per factories act 1948. the employee completed 20 days for the month or year will give one day leave every 20 days.that leave called as earning leave. if companies will give some of days leave that leave called as casual leave ( this leave company interested to give,and this leave determined by particular per standing order)
28th February 2010 From India, Madras
Dear Ketan,
If the employees working in company under (Staff or worker) they are eligble for Earned leave both in factory act and Shop & Establishment Act. But come to CL & SL it is purely management decision,hw many they want to give CL or SL.
Warm Regards,
1st March 2010 From India, Bangalore
As per Factories Act 1948, any one who are comes under definition of worker and he also completed 240 working days in preceding calendar year he will be eligible to ONE EARN LEAVE for every 20 working days.
1st March 2010 From India, Hyderabad
Dear ketan2303,
You can check with the "Factories act 1948" and the "Shop & Commercial Establishment Act" which applies on to your state. Go through that which relates to your industry type and still if you have any doubts feel free to post on the query.. :)
1st March 2010 From India, Bangalore
But if you calulate 20 days 1 leave i would be 12 EL for 240 days... how 21 days will be calculated?
2nd March 2010 From India, Pune
Then get the bare Act on Gujarat Shops & Establishment Act & see the applicability provision & if found applicable then go through the definition of employee who are entitled to have CL & SL. If the person employed is not covered under the definition of employee then you are not legally bound to grant these leaves.
2nd March 2010 From India, Delhi
For calculation of EL under Factories Act, 1948 we are to go through chapter VIII of this Act but if the establishment is covered under the Bombay Shops Act then we are to grant EL as under:
An employee who has worked for not less than two hundred and forty days during a year irrespective of the date of commencement of his service, shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days.
I hope that you are remembering 21 days leaves as per this shops act.
2nd March 2010 From India, Delhi
just wanted to know a few rules on leave. We have just come out with Leave policy for our organisation.
30 PL & 6 SL. & We want to announce it with leave rules showing how HR is benefiting the employees.
Can you help me with some guidelines regarding the same..
2nd March 2010 From India, Mumbai
Before finalizing the leave policy for your organization you must go through all the leave related enactments which are applicable to your unit & then you should kept in mind all types of minimum leaves which are required to be granted statutorily. For example under any of the law if you are required to grant seven CL in a year then in that case you should not decrease this no. from seven to six and add to other head of any other kind leave. We need leave policy if management wishes to increase the leaves under any of the head of leaves. We are not allowed to violate the law. As per your brief you are not giving casual leaves & suppose any of the State or Central law says that your unit is liable to grant seven CL then how can you declare this leave policy. Leave policy should not be contrary to law applicable to your organization for grant of different kind of leaves.

Opinion / comments submitted as requested.
2nd March 2010 From India, Delhi
Dear Hariveer,
Welcome to CiteHR.
First see which of the central or state Act is applicable in your case for grant of earned leaves & then go through relevant chapter/provisions to know its eligibility.

22nd September 2011 From India, Delhi
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