The Act speaks only about mandatory and bare minimum things, that does not prevent the company to give more. If your company would like to give festive holidays they can do. The General Practice is to give 10 festive holidays which can be availed by the employees as per their choice i.e. religious.
From India, Ahmadabad
733From India, Ahmadabad
As Mr. Keshav pointed out, one day for every 20 days worked is the leave earned by the adult worker
in a factory. Apart from this, factories act also says about casual leave & sick leave.
National holidays are different and need not be adjusted against employees' leaves in their credit.
If you are covered by S & CE act, then the quantum of earned leave shall be more.
The above is the statutory part.
Every organization has its own leave policy. If you do not have one, then formulate one policy.
Abundant stuff in this regard, is available in this plant. Search and research.
Thanks.
R K Nair
From India, Aizawl
in a factory. Apart from this, factories act also says about casual leave & sick leave.
National holidays are different and need not be adjusted against employees' leaves in their credit.
If you are covered by S & CE act, then the quantum of earned leave shall be more.
The above is the statutory part.
Every organization has its own leave policy. If you do not have one, then formulate one policy.
Abundant stuff in this regard, is available in this plant. Search and research.
Thanks.
R K Nair
From India, Aizawl
Dear Nair ji, Which FA says about casual leave & sick leave? Can you please provide this forum the section or provision?
From India, Mumbai
From India, Mumbai
Dear Keshav Ji, Thank you for pointing out this error. In Factories Act, there is no provision for CL/SL. However,
in Shops & Commercial Establishment Act, CL and SL are permissible. But the quantum of SL/CL varies
depending upon the States.
Thanks, R K Nair
From India, Aizawl
in Shops & Commercial Establishment Act, CL and SL are permissible. But the quantum of SL/CL varies
depending upon the States.
Thanks, R K Nair
From India, Aizawl
Dear Nair ji, Thanks for your active participation in this discussion. There is no mention of CL and SL in Bombay S&E Act, to my knowledge. Other State Law may have this provision.
From India, Mumbai
From India, Mumbai
Yes, Keshav Ji. In Bombay S & CE Act, there is no provision for CL/SL. Other states like, Karnataka, Andhra Pradesh
Uttar Pradesh and Delhi - respective S & CE Acts, there are provisions.
Thaanks, R K Nair
From India, Aizawl
Uttar Pradesh and Delhi - respective S & CE Acts, there are provisions.
Thaanks, R K Nair
From India, Aizawl
Dear Radhakrishnan ji,
Yes, I am aware that. I came across such provisions in many States and the same is discussed also by me in this forum earlier.
In my post, I try to give specific answer to query rather than elaborating out of context.
If you see I have appreciated your post stating different provisions in different States.
From India, Mumbai
Yes, I am aware that. I came across such provisions in many States and the same is discussed also by me in this forum earlier.
In my post, I try to give specific answer to query rather than elaborating out of context.
If you see I have appreciated your post stating different provisions in different States.
From India, Mumbai
as per Industrial Employment (Standing Orders) Act, 1946
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
10. Festival holidays and leave.--
(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force
From India, Mumbai
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
10. Festival holidays and leave.--
(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force
From India, Mumbai
Yes Keshav Ji, this is applicable to mines but this is the only Model Standing Order which specifies Number of Paid Holidays.
General Model standing order states as below;
9. Leave:-(1) Holidays with pay will be allowed as provided for in 5[Chapter VIII of the Factories Act, 1948] and other holidays in accordance with law, contract, custom and usage.
If company does provide Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) as compulsory and not providing other festival holidays then that company will loose its market reputation. It will fail to create its employer Brand. will fail to attract right talent. now companies are switching from 6 days working to 5 days working. this is for boosting employee moral and to promote Employer's Brand Image in Job Market.
If the company sticks to traditional approach of providing 3 to 4 holidays then it will eventually loose its current talent as well as will fail to attract external talent.
e.g. If we give only minimum wages and not as per market value then it will be legally okay but it would be difficult to get employees to work.
after all skilled employees are asset and no company can afford to loose it.
Generally Trade unions negotiate during agreement regarding pay, leaves, Holidays and the contract finalized is binding in case of factories.
If contract says 8 holiday then 8 Holidays are binding.
also while preparing standing orders for company it is mandatory to get consent of employees/ workers at that time also employees can ask for number of holidays to be specified as they desire with managements acceptance.
From India, Mumbai
General Model standing order states as below;
9. Leave:-(1) Holidays with pay will be allowed as provided for in 5[Chapter VIII of the Factories Act, 1948] and other holidays in accordance with law, contract, custom and usage.
If company does provide Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) as compulsory and not providing other festival holidays then that company will loose its market reputation. It will fail to create its employer Brand. will fail to attract right talent. now companies are switching from 6 days working to 5 days working. this is for boosting employee moral and to promote Employer's Brand Image in Job Market.
If the company sticks to traditional approach of providing 3 to 4 holidays then it will eventually loose its current talent as well as will fail to attract external talent.
e.g. If we give only minimum wages and not as per market value then it will be legally okay but it would be difficult to get employees to work.
after all skilled employees are asset and no company can afford to loose it.
Generally Trade unions negotiate during agreement regarding pay, leaves, Holidays and the contract finalized is binding in case of factories.
If contract says 8 holiday then 8 Holidays are binding.
also while preparing standing orders for company it is mandatory to get consent of employees/ workers at that time also employees can ask for number of holidays to be specified as they desire with managements acceptance.
From India, Mumbai
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Leave Policy.doc