Dear Sirs/Madams, I work for a company in which Leaves are credited only on 31st Dec of each year on a pro-rata basis. As I am a new joiner I dont have any leaves.
At the same time company promises to follow in compliance with all local labour laws.I work in Pune.
Can you please guide me for:
1) By rule, can any company force their leave policy on employees?
2) Is this a violation of labour law?
3) If I want justice to whom I can approach?

From China, Shanghai
1) What is your company? 2) What is company leave policy? 3) What unjust caused to you?
From India, Pune
I work in PVT lTD company strength over 200 employees.(6 days a week)
Which has a a leave policy of crediting leave only on 31st Dec of every year.
I want avail the leaves but I dont have because of company policy.Which is making Loss of pay.
I read that in a LABOUR ACT, after confirmation employee is eligible for EL.Is this true?
Sir also guide me for my previous questions.
Thanks for your reply.

From China, Shanghai
Leave is a privilege extended by the Company to its employees, and not a right. It shall be the Company’s discretion to grant leave to all applicant staff members, considering the business need and the need of the employees at that time.
Privilege leave/ Earned leave: For every twenty worked days one day earned leave is credited. Generally it is 15 days per year. (For factories it for every fifteen worked days one day earned leave is credited)

From India, Bhubaneswar
1. A company can have their leave policy within the frame work of law. Crediting leave on 31st of December is actually as per law and there is no deviation from any Law
2. There is no violation of law here
3. Since there is no violation, you may not have a case. If you still want to lodge a complaint, you can do so by writing to the Inspector of Factories if you work in a factory or to the Labour Inspector if you work in any other establishment

From India, Chennai
After confirmation an employee can avail all leaves, but during probation employee can avail SL/CL on pro rata basis.
From India, Ahmadabad
Abovestated PL quota, mentioned by our friend Abedeen7 - for every 20 days, 1 day leave, is under Tamilnadu Shops Act. Eligibility of PL differs from state to state.
I understand your company based in Pune, and is likely to be registered under Bombay Shops & Establishment Act.
If your company is registered under Bombay Shops & Establishment Act, Sec 35 (Leave rules) say - five leaves for 60 days of work are allowed (can be availed only after 90 days of work) AND twenty one leaves are allowed once you complete 240 days of work (8 months) during the year.

From India, Mumbai
Your case is fall under preview of The Factories Act 1948
1. As per act Sec 79 deal with "Annual Leave With Wages" for this you are entitled 1 leave for every 20 days working and entitled to credit/enjoy them when you completed 240 days within your employer. In the act the year is defined which comes start from Jan and end on Dec so it is not violation for crediting the leaves n 31 Dec. However in the case of employees joined except starting month of the year they are entitled to get credit the leaves if they worked 1/3 rd out of their total working days during the year.
2. The authority to whom a person can contact for their greviences is "DIrector - Industrial Safety & Health" or "Astt Labour Commissioner"

From India, New Delhi
Leave is credited to an employee as per provisions of Factories Act, or Standing Order applicable to your company.Leave is credited after one year, subject to working 240 days in that calender year.Different rules framed by company for trainees and probationers.You can not claim leave as a matter of right.You can avail leave which you have earned after a year subject to exigencies of work.
From India, Bokaro
Thank You Sirs for your valuable feedback on my concern.
To be more clear: I joined on 8th oct 2012, I completed 10 months already and I am confirmed employee.So my question now is: Do I am eligible for leaves(EL) as per factory act 1948? Or still I have to wait to complete 240 days in this calender year2013?
Or I will only eligible after completion of my 1 year?
Tour answer will be very helpfull to me,
Thanks in advance,
Sanjay Nagare

From China, Shanghai

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