Software Company Leave Rules - CiteHR
Saswatabanerjee
Partner - Risk Management
+2 Others

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Hello,
Kindly let me know the meaning of the following
"you are entitled for one and a half paid leaves per month however you can utilize it after your probation period"
My software company does not give any leave during probation period of 6 months and one and a half leave lapse every month if we do not avail.
Please let me know if the company is doing according to the law in India.
Thanks.
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Not allowing leave during probation is a norm and in line with the law
However, lapsing of leave every month is not allowed as per law.
Leaves will be credited to a persons account after completion of 1 year of working and thereafter they will be available for use during the year. Some companies allow carry forward beyond the year, but it is not compulsory in law.
Most states have issued notification exempting software companies from compliance with some parts of labour laws. However I don't think something as basic as leave rules can be dispensed with
Dear Richa
I would suggest you to get a clarity on this from your HR.Have you spoken about this to them?
I believe you have misunderstood what they try to imply through the statement.The statement in simple language says that you will be credited with 1.5 leaves in your account (Leaves) per month but you are not allowed to avail them when you are in probation period but it doesnt mean that the accumulated leaves (9 leaves) will lapse.The 9 leaves will altogether will be available to you as soon as you complete your probation period with the company and you will be in a condition to avail the same.
This is my understanding of the statement as this is generally practised in companies.
Thanks
Hai richasingji,
there are so many types of leaves in practice. Some types of leaves will lapses after the calender year, some were carry forward to the next. Some leaves may be encashed as per procedure. There is not hard and fast rule for not to avail any leave during the probation period. Pattern of leaves changes from organisation to organisation.
Asthama,
Many small companies follow this practice of lapsing leaves every month or giving them additional leave encashment every month. Both are bad practice and I believe illegal in india. You have to allow a year for them to be used.
We do labour law compliance audit
I find many small companies (mostly contractors) do this and we ask them to stop.
Richa
Probably, there must be some misunderstanding on your part. Though you are not allowed to avail of leave during probation, it will be credited to your account as Ashama said.So get it clarified from your HR. If this is not the practice, they need to revise it to be make it in tune with applicable law.
B.Saikumar
Mumbai
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