Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Anilvsharma
Manager- Hr Compliance
+3 Others

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Hi Seniors,
I Work For A Health Care BPO In Chennai. Our Leave Policy Is Stringent That Have Only 12 Days CL In Addition To 10 Days Declared National Holidays.Any CL Prefixed Or After A Weekend/ Any Declared Holiday Is Considered As LOP For All The Days Including The Weekend Or Declared Holiday. There Is No Sick Leave, PL, EL Etc.
Can We Continue With Such A Policy? Is It Correct To Have Such A Policy? What Should Be The Leaves As Per Acts?
Kindly Enlighten On This.
Regards
R.Kavitha

You need to follow the Tamil nadu shop and establishment act.
The act requires you to give 12 days of CL, 12 days of Sick Leave and 12 days of PL (after completion of 1 year of work). There is also a provision of carry forward of the leave.
You are required under the rules to give off for the 3 national holidays (26 jan, 15 August, 2 oct) and 5 additional days in consultation with workers
This is the minimum. So you are already in violation of the law.
Further, if anyone takes leave (or is absent) before OR after the holiday, it cannot be counted as paid leave. But if the employee takes leave BOTH before and after holiday, the holiday will be counted in leave.

Dear Saswata,
Substance :In stead of 03 National Paid Holidays, as mentioned in your post on 29th Dec '14, it should be 04 National Paid Holidays. The 4th one is 1st May (i.e.Labour Day).
Please correct me if I'm wrong .
Thanks,
Anil Kumar Sharma

Hi
As per the Tamil nadu industral establishment national and festival holidays act 1958 and rules 1959 provides for only 3 national holidays. May 1 or labour day is not listed. Actually it's not considered a national holiday.
I think same rule applies to establishments

Like many other states, in Tamil Nadu also May 1st is a national holiday. Madhu.T.K
Agreed with experts/members. BPO are covered by Shops and Commercial Establishment Act and establishment can not offer inferior benefit but can offer superior benefit
As per the Tamil nadu national and festival holidays act, 1st may is not a national or even compulsory holiday
Please find the attchment. Regards, Madhu.T.K

Attached Files
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File Type: pdf Holidays Act-Tamil Nadu.pdf (941.3 KB, 287 views)

Hmm I saw the same act and rules on one of the website and it didnt have May 1st ..... My appologies. Apparently, it was updated in 1970 to include May 1st...
Hi We got a copy of holidays list from the labour department. Closed holidays list includes 4 national holidays and 5 festival holidays

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