Labour Laws & Ir
Please let me know whether your company was registered Under Factories Act or Shops & Establishment Act.
If it is registered under Factories Act then check the below draft.
As per Factories Act...
HOLIDAYS (SECTIONS 52 & 53)
No adult worker shall be required or allowed to work in a factory, on the
first day of the week, which is a Sunday. This would mean that a worker,
shall have a holiday for every six days of continuous work.
However, the manager may call upon a worker to work on a Sunday. In
such cases, one day holiday must be given either out of the 3 days
preceding the Sunday or out of the 3 days succeeding the Sunday. Before
making this arrangement, a manager shall deliver a notice to the office of
the inspector expressing his intention to that effect.
Furthermore, notice must also be displayed in the factory,
intimating such change. No substitution can however be made, in such a
way that it makes a worker to work for more than l0 days consecutively.
Sunday, shall for the purpose of calculating weekly hours of work be
included in the preceding week, where any worker works on a Sunday.
Compensatory Holidays : It is mandatory that a worker shall be allowed
compensatory holidays of equal number to the holidays so lost. This
arises on account of the worker being deprived of the weekly holidays
under Section 52 made by the State Government exempting the factory
from such provisions. The compensatory holidays must be allowed to
the workman within 2 months or within a month in which the
substitution of such holidays becomes due. The manner in which
compensatory holidays has to be allowed, is prescribed by the State
ANNUAL LEAVE WITH WAGES (SECTION 79 TO 82)
Section 78 to 84 of the Factories Act deal with annual leave with wages.
If any award or agreement including settlement or contract of service
provides for a longer annual leave with wages under provisions of
Section 79 to 82, the worker shall be entitled to such leave. But there
cannot be any award or settlement reducing the annual leave as provided
under the Act.
RULES RELATING TO ANNUAL LEAVE WITH WAGES
There are two cumulative conditions that are said to be mandatory for
the purpose of availing of annual leave with wages: (a) A worker should
have put in continuous years of service which means that he should have
actually worked for 240 days or more during the calendar year. (b)
During that year, for every 20 days of actual work put in by him, a
workman becomes eligible for one day rest leave in the succeeding year.
In the case of a child, one day for every 15 days of work performed
during the previous calendar year.
In spite of the fact that a worker might not have completed 240
days in a calendar year, the legal representative or nominee of such
worker shall be entitled to claim such earned wages proportionately
before the expiry of the second working day from the date of such
discharge or dismissal or quitting.
(2) However, if a worker has been superannuated or has expired,
then such earned wages must be settled before the expiry of two months
from the date of such superannuation or death [Section 79 (2)].
(3) In calculating leave period, fraction of leave of half a day or
more shall be treated as one full day’s leave. The unavailed leave by a worker shall be carried forward to the succeeding year, provided no such
accumulation of unavailed leave shall exceed 30 days in a year. In case
of excess, unavailed earned leave would lapse. But the number of times
the leave that may be taken during any year shall not exceed 3 times.
Other Provisions of Chapter VIII (Section 81 to 84): A worker who
has been allowed earned leave for not less than 4 days in the case of an
adult and 5 days in the case of a child, they shall be paid the wages due
for the period before their leave begins respectively. If the employer
does not make such payment, it shall be recoverable as delayed wages
under the provisions of Payment of Wages Act, 1936.
Power to make rules (Section 83): The State Government may make
rules directing managers of factories to keep registers containing
prescribed particulars and requiring the register to be available for
examination by Inspectors.
Power to exempt factories (Section 84): The State Government may
exempt a factory from the operation of the leave rules, it is satisfied that
its own leave rules provide benefits, which are not less favourable to the
workers than that of the statutory leave rules.
16th November 2010 From India, Madurai
16th November 2010 From India, Madurai
Welcome to CiteHr.
First see which of the Act(s) are applicable to your establishment relating to grant of different types of leaves & then go through them to have knowledge on break up & grant of leaves.
* Al so Sr.Vice President, Labour Law Advisers Association, Gurgaon.
17th January 2011 From India, Delhi
This is Israt. I am doing a job of Senior Executive in HR Department. But my background is not from HRM so I face some problem. Could you please send me the Leave rules for the private company according to Bangladeshi rules of Conduct.
It would be grateful for me please help me in this context.
31st May 2011 From Bangladesh, Dhaka
Its nice info you have shared, As I have experienced, Leave again depend upon company , on its policy? Means even if you are complied under the factory act you have to follow the leave rules of that private company only, which is designed by them.
Most of the private companies gives 12 days leave as its mandatory (240/20)
then about the sick & casual they may or may not offer, it's again depend on them.
so seniors is there any clause which makes these SL/CL complied on them?
26th May 2015 From India, Pune
As per my knowledge leave policy is depends on company management. Because of as per Factory act Earn leaves and Local & National holidays are the mandatory. here Local & National holidays are based on as per sate government. And rest of all the Leave what are the Sick Leave , Casual Leave, Special Leave, Maternity Leave (For Female) , Paternity Leave (For Boys), Study Leaves ... etc.
The management can decided on his own choice whether to give those leaves are not. But the management have to give Earn Leave its mandatory for all the companies.
Dear seniors if i am wrong please make me correct.
26th May 2015 From India, Visakhapatnam
I have recently joined lighting company as Asst.Manager HR. As it's a start up company nothing is stream line.
Que-1I wanted to prepare leave policy keeping in mind that our HQ is in Ahmedabda and corporate office in Mumbai and the rest in Bangalore, Pune. Can we make one policy which will applicable to all location or it will differ from city to city?
Que-2 for PL/CL/SL what are the exact rules.
Que-3 Since it;s a start up is it compulsory to have Maternity leave clause
Que-4 If i want to consider only PL then What would be the rules?
6th August 2015 From India, Ahmedabad
24th February 2016 From India, Ahmadabad
I want to know about the leave policy of Delhi registered service company which is 6 days working.
Please guide as we are into re working of our leave policy.
23rd April 2018
27th November 2018 From India, Mumbai
Your corporate office is governed by state Shops & Establishment Act & will allow all applicable leaves in accordance with this Act while for factory site which is covered under the Factories Act, 1948; the employer will allow earned leaves under this Act & other Cl, SL and holidays in accordance with applicable state National & Festival Holiday Act. For having maternity leaves both the establishments shall grant leaves in accordance with the Maternity Benefit Act, 1961. Now after examination of statutory requirements the employer may allow additional leaves at his will or under any settlement with the employees.
R N KHOLA
28th November 2018 From India, Delhi