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riajia
Hello All,
Greetings of the season!!
I am Astha , working in an educational organization under the role of one consultancy. Regarding leaves i am facing one problem. The consultancy provide 1.5 leave (which is paid) at the completion of every month. i did not had any leave in my leave account. In November i have taken leaves for 12th and 14th November 2012 (which must be unpaid or can say leave without pay), but when i received my salary i come to know that they have deducted 3 days salary. I want to know weather LWP is always consider in continuation?
Thanks!
Astha Saxena

From India, Indore
Sharmila Das
990

Dear Ms. Astha Saxena,
Basically, this is to explicit the leaves taken before and after an hoilday. In your case (12th Nov was Monday and 13th was a public holiday and 14th wednesday) the suffix and prefix were taken as LWP; since tuesday was in between they considered inline of 3 days on Loss of Pay. It is entirely upto the discretion of the management if they'd consider 2 days or 3 days leave
More to the point, there are some institutions which provide a 30 day leave in general as PL (Priviliged Leave) in alliance with Casual leave, in such cases the deduction is pertained to actual leaves taken.

From India, Visakhapatnam
riajia
Dear Ms. Sharmila,

First of all thanks a lot for such a quick reply. My further query in continuation of the previous one is, if the consultancies follow some government rules (For leaves) or they are free to make their own rules. And is it possible to ask them for their leave rules and is it compulsory for them to provide their rules to us.
Thanks!

From India, Indore
Ankita1001
737

Any Pvt Co can form its own rules and regulations. However, pls note that the rules are same or similar to their industry.
Whenever a public holiday or a weekly off is sandwiched between the leaves, the off/holiday is considered as a leave. This policy prevails in most of the organizations even if its a paid leave except for earned leave.
Hope your query was answered :)

From India, Mumbai
Sharmila Das
990

Dear Ms. Astha Saxena,

There are different leave rules as per Factories Act and others on Establishments. In Shops and Establishment Act the leave policied depends from state to state. Factories Act, the leaves pertaining to the Privilaged or Earned leave is given as 1 day for every 20 working days. Under the Shops & Establishment Act, the following is observed -

- Casual Leave: 12 days leave is permissible. This leave can’t be combined with Sick Leave.Casual Leave will be calculated on pro-rata basis if a person joins in the middle of the Calendar year.

- Sick Leave: 12 days of leave is permissable. Any intervening holiday or weekly offs will be treated as Sick Leave and if the employee joins in the middle of the calendar year it should be calculated on pro-rata basis.

- Earned leave/ Privilaged Leave: Those who are in continuous service in the preceding 12 months (should work not less than 240 days) are eligible for 15 days E.L. during the subsequent year. If a person joins in the middle of the Calendar year, he is not eligible for Earn Leaves until completion of 12 months service.

I hope this clarifies your query.

From India, Visakhapatnam
Suri.Babu
37

Dear Ms. Astha Saxena
I endorse the reply given by Sharmila Das and others with reference to your query. Please ascertain from your organization about the leave rules and regulations so that you can follow the same without any inconvenience. However, I strongly recommend to you that " Leave is not a matter of right" to any employee. When we are working in an organization, we have to work for the welfare of the organization, rather than applying leaves as and when required, which will be a detrimental act towards the organization. However, before applying leave, we have to consult the concerned HR executive about the eligibility of the leave and whether there would be any inconveniences for us to avoid leave on Loss of Pay. A true employee may not face any problem, if he serves perfectly.
Suri Babu Komakula

From Canada, Calgary
riajia
Dear All, Thanks a lot to solve my query and for giving your valuable time to solve my problem. Take care and god bless to all. Thanks once again!! Best, Astha
From India, Indore
loginmiracle
362

Dear Astha, The attached material may either clarify or confuse U (I’m sorry). Choice is your’s. Gud day, kumar.s.
From India, Bangalore
Attached Files (Download Requires Membership)
File Type: doc Leave Policy for different sectors in India.doc (76.5 KB, 288 views)

riajia
Hello Kumar S.,
Thanks for the material you provided me. I think you have not understand my situation. I am working under the role of one consultancy in an education industry. The consultancy leave policy is they give 1.5 leave at the end of every completed month. Now, when i asked the concern person he told me the kind of leave they are providing is the "Total Leave" i.e. it is the combination of all leaves. My question here is that a worker/an employee is eligible for how many days of leaves (Minimum) in a year. Is there any law in our government system to provide minimum days of leaves to employee working in any organization for minimum number of 240 working days.

From India, Indore
Ankita1001
737

As per shops & Establishment Act - 21 days p.a which is 1 leave in 20 days or around 1.5 leaves pm
There is no rule that defines classification, so it is upto the employer to give 21 leaves as it is or differentiate as SL/CL/PL and if so in what ratio.
And yes, if an employee has joined recently, he is allowed 1 leave for every 2 months of work he does (not in 1st 3 months of his employment, only post 3 months) and only after he comples 1 yr or min of 240 days he can be eligible for all the leaves.
Chk dis site if it help - it has leave guidlines as per bombay shops & Establishment Act -
http://www.sharpfacility.com/Labour%...ablishment.pdf

From India, Mumbai
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