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5th June 2012 From India, Pune
5th June 2012 From Bangladesh, Dhaka
In India we calculate leaves on calender year basis.
Secondly Earned Leave - EL) (or also called Privilege Leave - PL) is calculated based on the number of days actually worked during the previous calendar year. As per Factories Act, it is calculated 20 days worked equal will EARN 1 day leave and Bombay Shops ... Act it is 21 days leave subject to minimum 240 days worked during previous year. (Almost all Indian States have their own Shops Act and may vary in number of days leave provided).
About your query; as briefed above to avail Earned Leave employee has to EARN those many leaves by working during previous year.
During probation, no employee is earning any leave as he / she is a new joinee provided this probation period falls within the same calendar year. If the probation period gets spreaded to two calender years, you have to calculate EL proportionate to actual number of days worked during the previous year and credit to employee’s account from January 1 of the second calender year.
If your organisation allows employees to avail EL during probation period and subject to availability of EL as explained above, you can allow him to utilise the same.
Therefore, you may set Leave and other HR policies in line with your country’s Labour Laws and operate upon the same.
Hope I could help you to understand this particular issue.
7th June 2012 From India, Pune
Have you formally qualified yourself on HR?Personal Management?
Does your country have "labour law"? Every country has!
Are you handling a Factory or a "Shop/Commercial establishment"?
These are called "establishment laws". These normally provide for mutual rights and obligations for the employer and for the employee. Kindly check this out. Any lawyer, particularly a labour lawyer will guide you on this.
Additionally, has your company framed "rules" cover issues of employer-employee relations? Like an applicable law, these would answer your questions specifically.
Subject to above position, I state as under:
1) Whether to treat absence during probation, as paid or unpaid absence will be decided by the terms and conditions of employment (usually found in the Appointment letters!) Go by that.
2) In the absence of any laid down rules/law, the general practice is that unless sanctioned the absence is unpaid (exceptional cases of emergency apart!).
3) Even when sanctioned, if the employee has no leave to his credit, this absence will be unpaid but authorized!
4) Traditionally "earned" leave is something that one has to "earn" in the sense that unless he/she works for certain number of days, he/she will not have earned leave at specified rate. This has to come (again) from the applicable "laws" or the "service rules".
If you need to ask more questions, please feel free but I suppose your fundamental query is answered!
June 8, 2012
8th June 2012 From India, Pune
This is a fact of law. So, please do not suggest Indian practice with her. She will be confused.
Labony, why you are not trying Bangladesh version of Labour Law 2006. You will have clear idea about EL from there. If you are under EPZ, then you should follow Instruction 1 & 2.
20th October 2012 From Bangladesh, Dhaka
(a) in the case of a shop or commercial or Industrial establishment or factory or road transport service, for every eighteen days of work;
(b) in the case of tea plantation, for every twenty two days of work;
(c) in the case of newspaper worker, for every eleven days of work performed by him during the previous period of twelve months.
I would suggest you to read BLC-2006 of Advocate S.A.Huq which is available both in Bengali & English to understand the Labour Law.
6th February 2013 From Bangladesh, Dhaka