I am an HR Executive in a start-up, and we are in the process of forming HR policies. I need to know the policies and rules related to leaves in a private company. Specifically, I want to know:
- How many of each kind of leave are allowed?
- What are the rules about clubbing different types of leaves?
- Are there any other general rules to follow regarding leaves?
Please help me out. I am in urgent need and a new member of Cite HR.
From India, Indore
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1- How many of each kind of leave are allowed?
- What are the rules about clubbing different types of leaves?
- Are there any other general rules to follow regarding leaves?
Please help me out. I am in urgent need and a new member of Cite HR.
From India, Indore
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Ms. Kal,
Please let me know whether your company was registered under the Factories Act or the Shops & Establishment Act.
If it is registered under the Factories Act, then check the below draft.
As per the 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 of 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 a change. No substitution can, however, be made in such a way that it makes a worker work for more than 10 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 an equal number to the holidays 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 have to be allowed is prescribed by the State Government.
ANNUAL LEAVE WITH WAGES (SECTIONS 79 TO 82) Sections 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 longer annual leave with wages under the provisions of Sections 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 (SECTION 79) There are two cumulative conditions that are said to be mandatory for the purpose of availing 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 of 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 a 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 the leave period, a 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 (Sections 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 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 the 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 if it is satisfied that its own leave rules provide benefits, which are not less favorable to the workers than those of the statutory leave rules.
From India, Madurai
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Please let me know whether your company was registered under the Factories Act or the Shops & Establishment Act.
If it is registered under the Factories Act, then check the below draft.
As per the 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 of 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 a change. No substitution can, however, be made in such a way that it makes a worker work for more than 10 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 an equal number to the holidays 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 have to be allowed is prescribed by the State Government.
ANNUAL LEAVE WITH WAGES (SECTIONS 79 TO 82) Sections 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 longer annual leave with wages under the provisions of Sections 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 (SECTION 79) There are two cumulative conditions that are said to be mandatory for the purpose of availing 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 of 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 a 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 the leave period, a 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 (Sections 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 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 the 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 if it is satisfied that its own leave rules provide benefits, which are not less favorable to the workers than those of the statutory leave rules.
From India, Madurai
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Dear Member,
Welcome to CiteHR. First, determine which Act(s) are applicable to your establishment regarding the granting of different types of leaves. Then, familiarize yourself with them to understand the breakdown and allocation of leaves.
R.N.Khola
Sr. Vice President, Labour Law Advisers Association, Gurgaon
Lokesh Pande inquired, "Please let me know the breakdown of leaves that an employee is entitled to for 1 year."
From India, Delhi
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Welcome to CiteHR. First, determine which Act(s) are applicable to your establishment regarding the granting of different types of leaves. Then, familiarize yourself with them to understand the breakdown and allocation of leaves.
R.N.Khola
Sr. Vice President, Labour Law Advisers Association, Gurgaon
Lokesh Pande inquired, "Please let me know the breakdown of leaves that an employee is entitled to for 1 year."
From India, Delhi
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Hello friends,
This is Israt. I am working as a Senior Executive in the HR Department. However, my background is not in HRM, so I face some challenges. Could you please provide me with the leave rules for a private company according to the rules of conduct in Bangladesh?
It would be greatly appreciated if you could assist me in this matter.
Thank you.
From Bangladesh, Dhaka
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This is Israt. I am working as a Senior Executive in the HR Department. However, my background is not in HRM, so I face some challenges. Could you please provide me with the leave rules for a private company according to the rules of conduct in Bangladesh?
It would be greatly appreciated if you could assist me in this matter.
Thank you.
From Bangladesh, Dhaka
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Hi Everyone. I also want to know about leave policies of any 5 private indian companies. As we are in the process of making the leave policies. It would be great if you can help me on the same...
From India, Delhi
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From India, Delhi
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Dear Cite HR members - Do we have any criteria for granting minimum / maximum number of leaves ( PL, CL, SL etc) for an IT company. Kindly help with your replies. Regards, Cite HR member
From India, Chennai
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From India, Chennai
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Dear Seniors,
It's nice information you have shared. As I have experienced, leave depends upon the company and its policies. This means that even if you are covered under the factory act, you have to follow the leave rules of the private company only, which are designed by them.
Most private companies provide 12 days of mandatory leave (240/20). Regarding sick and casual leave, they may or may not offer them; it depends on the company.
Seniors, is there any clause that mandates these sick leave/casual leave to be provided by the company?
From India, Pune
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It's nice information you have shared. As I have experienced, leave depends upon the company and its policies. This means that even if you are covered under the factory act, you have to follow the leave rules of the private company only, which are designed by them.
Most private companies provide 12 days of mandatory leave (240/20). Regarding sick and casual leave, they may or may not offer them; it depends on the company.
Seniors, is there any clause that mandates these sick leave/casual leave to be provided by the company?
From India, Pune
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Understanding Leave Policies in Companies
As per my knowledge, the leave policy depends on company management. Under the Factory Act, Earned Leaves and Local & National holidays are mandatory. Local & National holidays are determined by the state government. Other types of leave, such as Sick Leave, Casual Leave, Special Leave, Maternity Leave (for females), Paternity Leave (for males), Study Leaves, etc., are at the discretion of the management to grant or not. However, Earned Leave is mandatory for all companies.
If I am mistaken, please correct me.
Regards,
Gangadhar
From India, Visakhapatnam
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As per my knowledge, the leave policy depends on company management. Under the Factory Act, Earned Leaves and Local & National holidays are mandatory. Local & National holidays are determined by the state government. Other types of leave, such as Sick Leave, Casual Leave, Special Leave, Maternity Leave (for females), Paternity Leave (for males), Study Leaves, etc., are at the discretion of the management to grant or not. However, Earned Leave is mandatory for all companies.
If I am mistaken, please correct me.
Regards,
Gangadhar
From India, Visakhapatnam
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I have recently joined a lighting company as an Assistant Manager HR. As it's a startup company, nothing is streamlined.
Question 1: I wanted to prepare a leave policy keeping in mind that our HQ is in Ahmedabad, and the corporate office is in Mumbai, with the rest in Bangalore and Pune. Can we make one policy that will be applicable to all locations, or will it differ from city to city?
Question 2: For PL/CL/SL, what are the exact rules?
Question 3: Since it's a startup, is it compulsory to have a maternity leave clause?
Question 4: If I want to consider only PL, then what would be the rules?
Regards
From India, Ahmedabad
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Question 1: I wanted to prepare a leave policy keeping in mind that our HQ is in Ahmedabad, and the corporate office is in Mumbai, with the rest in Bangalore and Pune. Can we make one policy that will be applicable to all locations, or will it differ from city to city?
Question 2: For PL/CL/SL, what are the exact rules?
Question 3: Since it's a startup, is it compulsory to have a maternity leave clause?
Question 4: If I want to consider only PL, then what would be the rules?
Regards
From India, Ahmedabad
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Where to complain if a factory (pvt. Ltd.) doesn’t provide any type of leave even nighter on sunday nor on national holiday. Only provide 2 days leave monthly
From India,
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From India,
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The person avails of leave from Tuesday to Saturday. It is presumed that Sunday is the weekly off. In such a case, if the person resumes duty on Monday, Sunday would not be counted as "leave taken" but as a weekly off. Therefore, the counted leave will be from Tuesday to Saturday (five days).
Somanathan
From India, Ahmadabad
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Somanathan
From India, Ahmadabad
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Dear All, 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. Thanks
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Hi Team, Kindly help me out in knowing the working hours, leave policies and holidays in TamilNadu
From India, New Delhi
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From India, New Delhi
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Hi dear all,
I am working in a private sector. Can anybody explain to me if a company has a factory as well as a corporate office in the same city, Indore (M.P.), whether they have to follow different leave rule policies for the factory and the corporate office? Does the corporate office have more leaves than the factory?
From India, Mumbai
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I am working in a private sector. Can anybody explain to me if a company has a factory as well as a corporate office in the same city, Indore (M.P.), whether they have to follow different leave rule policies for the factory and the corporate office? Does the corporate office have more leaves than the factory?
From India, Mumbai
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Dear Member, your corporate office is governed by the state Shops & Establishment Act and will allow all applicable leaves in accordance with this Act. For the factory site covered under the Factories Act, 1948, the employer will allow earned leaves under this Act, as well as other CL, SL, and holidays in accordance with the applicable state National & Festival Holiday Act. In terms of maternity leaves, both establishments shall grant leaves in accordance with the Maternity Benefit Act, 1961. Following an examination of statutory requirements, the employer may allow additional leaves at their discretion or under any settlement with the employees.
Submitted, please.
R N KHOLA
From India, Delhi
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Submitted, please.
R N KHOLA
From India, Delhi
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Leave Policy for Bangladeshi Private Companies 2013.doc