Harsh Kumar Mehta
Consultant In Labour Laws/hr
Private Consultant On Labour Laws
Hr Executive
+1 Other

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Dear seniors,
i am working in punjab govt office as third party contractor employee. i need to know the difference between the short leave and half day leave. short leave is for how many hours and halfday leave for how many hour. according to HR and law.
your early reply will helpful to me
Thanks in advance

From India, Ludhiana
If any employee apply half day leave, working hour will be as follows:-
On leave half day afternoon - working hour from 10.00. am to 2.00 pm
On leave half day morning - working hour from 2:00 pm to 7.00 pm
2 hours leave is actually called as Short Leave. which can be taken as two hours late coming from office timings or two hours early going before office timings.

From India, Mumbai
Dear sir
Thanks for your Reply.Do v have any legal proof or labor law which give definition of short leave.
The matter is very complicated.
Actually our super boss directed every employee to take short leave permission from middle management . And rest leaves permission from him. Now one of employee of our department applied for half day and one day leave to super boss. In revert to his leave request he hand over a warning notice to him for disobeying his orders.
Kindly plz help us.

From India, Ludhiana
Dear Sandeep,

As far as my knowledge goes, there is no provisions contained in the labour laws concerning Short leave, it is entirely depend upon the disceation of the management or company policy,if framed in this regad.

However as per provisions contained in Industrial Employment (Standing Orders) Central Rules, 1946 that all workmen shall have to do the work in establishment at the time fixed and notified. If some one becomes late, there shall deduction from his wages as per the Payment of Wages Act. 1936. Most of the States have framed their Rules keeping in view the IE (SO) Central Rules barring a few. For instance the Industrial Employment (Standing Orders) Punjab Rules,1949 provides that any workman,who is found absent from his proper place of work during hours without permission from the appropriate authority, shall be liable to be treated as absent for the period of this absence.If however, a workman is found absent from the premises of the establishment during hours of his duty without proper permission,he shall be treated as absent for the whole day,in case the absence commences before the recess period and for the HALF day in case it commences after the recess period.Such a workman shall be liable for the deductions in his wages in accordance with the provisions under PW Act,1936 and rules made thereunder.

BS Kalsi

From India, Mumbai

1. The person who initiated this thread has not disclosed whether the Punjab Govt. Office to which he has referred is an "industrial establishment" or "commercial establishment". If it is industrial establishment, only then the provisions of The Industrial Employment (Standing Orders) Act, 1946 and rules as framed by the State Govt. of Punjab will be applicable. The term "commercial establishment" has been defined under relevant shops & commercial establishment Acts (viz. Delhi Shop & Commercial establishment Act, 1954).

2. Every Office of the State Govt or Central Govt or UTs. have adopted or enforced service conditions and leave rules as per their own decisions and choice in respect of regular/permanent employees. However, in respect of leaves rules/conditions as applicable in respect of the employees of contractors engaged by the State Govt. in my opinion, only those conditions will apply which are specifically mentioned in terms and conditions of such contract or in default, which are mentioned in the Contract Labour (R&A) Act,1970 and rules framed by the State Govt. of Punjab under said Act. Therefore, the person who initiated this thread may kindly like to ask his contractor the status of the leaves or conditions of sanction of such leaves as are made applicable on such contractor employees. In addition Rule 25(2)(b) of the Contract Labour (R&A) Central Rules, 1971 lays down that wages rates, holidays, hours of work and conditions of service of the workmen of the contractor (if not same as that of employees of principal employer) shall be such as may be specified by the Deputy Chief Labour Commissioner (Central). Similar provision, may perhaps exist in the rules as are made applicable in the State Govt. of Punjab under above Act.

3. As a golden rule, leave whether it is called casual leave, short leave or earned leave etc. is not a matter of right and appropriate authority and in this case contractor or the authorised officer of the contractor/State Govt. can refuse sanction of any of such kind of leave.

From India, Noida
Dear Harsh Kumar Mehta Ji,
I appreciate your views contributed to the ongoing tread mentioning the provisions contained in the Contract Labour (R&A) Act,1970 and the State rules made thereunder. I am of the view that we need to examine the following points too:-
(i) the application of the Act, which has the coverage to the establishment employing 20 or more.
(ii) whether the establishment is holding a registration certificate from the competent authority ?
(iii) whether the contractor has engaged twenty or more workmen as 'contract labour' in the particular establishment ?
(iv) whether the contractor is holding a licence from the competent authority ?
The Rule 25(2)(b) of the Contract Labour (R&A) Central Rules,1971, as mentioned by you, has only application where contractor has obtained a licence from the competent authority.
I hope you agree with me on the above points.
BS Kalsi

From India, Mumbai
Dear Kalsi Sahib,
1. Thank you for appreciating remarks recorded by me earlier in this thread.
2. In this citeHR, I generally see your views with much attention and I have always found the same very relevant and very near to the possible legal position. However, the main problem is that the persons/HR officials/employees who post their threads/raise issues do not disclose the complete facts. For example, in this thread, the initiator was required to disclose all facts, as you have mentioned in your remarks as above. Therefore, while submitting our views in such cases, we have to mention possible remedies relating to every possible aspects. Accordingly, I had also suggested to the person who initiated this thread to ask the position from his contractor regarding provision of leaves to him as per agreement.

From India, Noida
Dear Harsh Kumar Mehta Ji,
I fully agree with you that the thread raiser should furnish the complete information relating to his query. Many senior members has been advising such persons including me but has yield no results. Sometimes we have to ask certain information/clarification subsequently. In absence of such information, we try to give a general prescription, which is hardly or not helpful rather confuses the query raiser.
BS Kalsi

From India, Mumbai
Dear Seniors,
Firstly i am very thankful to all of you for your valuable remarks / suggestions. we are hired by a pvt. company which have a contract with Punjab government department for manpower.so we are working in government office but getting salary by Pvt contractor.Here the situation is very complex no leave rules are provided to us. even we are not able to take one day leave with pay. explanation from department is that in our contract it is written that Saturday is working but due to govt. office we get sat off in this way we are not authorized any leave.
Back to the topic, as mentioned above there is no leave rule is provided to us.
one of my our staff member take two hour leave but any how she get late by 30 min but she informed this to supervisor on call.but the officer consider that as half day by saying there is no rule of short leave above 2 hr will be consider as half day leave. kindly clear it timing of halfday and Short day leave.

From India, Ludhiana
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