Madhu.T.K
Industrial Relations And Labour Laws
MITHUN1985
Quality Analyst
+1 Other

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Hi
As per Kerala shops and Establishment act , ( http://www.dic.kerala.gov.in/web/pdf...ralapolicy.pdf ) , it say that a minimum of 6 casual days and 6 Sicks days should be given, Plus 12 PL after the first year of service
But Somebody told me
Casual Leave should be - 12
Sick Leave should be - 12
and after first year there is a privilege leave of 12 . if So there is 36 Leaves and 13 public Holidays, making it to 49 , Plus saturdays
Is this correct . we are a small software company and when i enquired all major IT companies have a Maximum of 30 Leaves in a year. Infact TCS only has 26 days of Annual Leave, Cognizat has 30 days holiday including public holidays . So are they not following the Kerala Act . Infact they dont follow the category of Casual , sick or PL types of leaves . They having Leave with pay and sick leave and something like that
So can somebody please guide on how this should be given
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As per Kerala Shops and Commercial Establishments Act under which your establishment is registered, you have to give 12 days of Casual leave and 12 days of sick leaves. In addition to these 12 of of earned leave once an employee completes 12 months of service. Commercial Establishments are also to observe 13 holidays a year ( 4 national and 9 festival holidays) as per Kerala Industrial Establishments (National and Festival Holidays) Act. Of these festival holidays should be chosen in such a way that no festival holiday should fall on weekly off days. However, an establishment employing less than 20 employees is exempted from this provision.

As per the Kerala IT policy, IT companies have been granted certain concessions but no relaxation has been given with regard to leaves and holidays.

If major IT companies in Kerala are giving lesser than the above specified leaves and holidays then it should only be taken as an outcome of some unhealthy relationship they have with the authorities.

Madhu.T.K
My dear Geovar,
Please do not go by oral versions of people or heresay information.
I would suggest you to please buy a copy of the Kerala Shops and Establishment Act which will cost about Rs. 40/- or so and verify the position yourself. In case there are other employers giving more quantum of leave (over and above the provisions of the Act referred to hereabove) it is discretionary on their part and cannot be claimed as of right.
Thanks and regards
S.K.Johri
What i noticed is that all these companies have a 5 day work week . So is there a exemption in the law for a 5 day work week or alternative Saturday off as the number of working days in a year goes down.
Thanks
George
No, you cannot get any relaxation even if you work for 5 days a week. Five day working should only be taken as an arrangement for the convenience of employer.
It should also be noted that in addition to the leaves above mentioned there are special leaves for sterilisation which come to six days for men and 14 days for women!
Madhu.T.K
Hello,
I am a Jeweller at Perambra, Kozhikode. I want to ask a question. Last month in July there were 4 Harthals and neither the employer nor the employee had any connection with the reason for harthal. But still the employees want full days payment on those 4 Harthal days. Is it legally coorect for the employees to ask payment and work Harthal days even if they dont come for work. against t
Is it possible to ask the employees to come on a holiday and work against the Harthal days lost and pay them for working on a holiday against their leave on a Harthal day
It should be taken in an open discussion between the employer and the employees. If the employees had come for duty on a hartal day, will the employer be able to give protection at least while these employees are in the shop? Will the employer be ready to open the shop if the employees are ready to come and perform their duty? I would say, No. This is mainly because of the nature of your business and the attitude of others in the locality about hartal or a closed day. I don,t think that a jewelry shop closed on a day when all other jwellers are also observing holiday will lose any business. I don't think that if any customer who had thought of buying some gold will drop the idea of buying it on finding that the Jwellery is closed on a day. He will buy it on the next working day. The jweller will not lose any business. Now, if you look at the actual loss, it will be minimum when compared to other expenses, like lighting power, etc which is saved.
Again, if you have lost one day, there is nothing wrong in compensating it by running on a holiday. For that you have to reach a consensus and you can do it by taking the employees in to confidence.
Madhu.T.K
please suggest what about employee who deputed from different state,
the same leave policy is applicable or not
if not then on which basis
With regard to holidays the employees who have been working in Kerala on deputation will get the same holidays as these are days on which the establishment will be closed. At the same time his leaves will be governed by the rules of the company in this regard with respect to deputation. However, if the deputation is for a period extending one year, he should get the leaves as per Kerala Act. The cut of date for this is December and if he is in deputation service in December, normally his name should be there in the application for renewal of registration Certificate under the Kerala Shops and Commercial Establishments Act. Obviously, an employee whose name is there in the employee list should have a service book (in form BB)
Madhu T K
Hi sir,
I am working as a quality analyst in an IT firm located in Cochin Kerala.We have 10 employees and our company has monthly income about 5 lakhs.How many leaves can we take annually without salary cut?We are also working on October 2 without any additional payment and no off on another day.Are we eligible to get all national and public holidays of Kerala government?If we don't come to office on national holiday or public holidays declared by Kerala government, our company is marking this as leave.
Regards
Mithun
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