Essykkr
Statutory Complaince/labour & Employment
+1 Other

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hi,
please help me.
I am working on leave policy formation for my company so please tell me provisions related to leaves under the factories act and Bombay Shops and Establishment act because i am getting confuse.
i am getting confuse in 2 matters as following
1.as my company is software company ,which acts will be applicable to the company?
2.i am getting confused about the leave provisions of above acts.
Finally tell me how many minimum leaves should be given in a year as per these acts.
Kindly reply soon.
Regards,
Gayatri

Factories Act - 1 paid leave for 20 days physical attendance BS & E Act - 21 leaves per calendar year
hi,
Thanks for your reply but i have one more query that is in " 1 paid leave for 20 days physical attendance" Here in physical attendance are you considering sundays and national holidays ?
Kindly reply.
Regards,
Gayatri

Dear Gayatri,
Software Companies are covered by Shop & Establishment Act, As there is no manufacture process or production. Its only a commerical establishment.
So in my view you should keep in mind the provisons of Shop & Establishment the state in which your company is situated.
if Bombay Shop & Establishment Act is applicable then carefully read section 35 to 37 of the Act before formation of leave policy.
Further to add Shop & Establishment Act is a State subject and leave provisons are differ from state to state, you need to go through the all Shop Acts Leave provisons in which your branchs are situated to form a uniform leave policy for your whole organisation.
Further for any clarification can post.

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