Umakanthan53
Labour Law & Hr Consultant
Stephen_7
Senior Officer - Hr
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Contractemployees
Data Entry Operator
+1 Other

Hello Everyone,
Please guide me.. regarding leave.
Actually I just wanted to know that IS NON-CONFIRMED EMPLOYEES OF COMPANY ARE ELIGIBLE FOR LEAVES(CASUAL, SICK OR EARNED)?...
If yes, can there is any related Act or section of leave for private limited company in India. Please share ASAP.
28th September 2015 From India, Gurgaon
Required more details about the query. Where is your company located and what type of company is yours to provide appropriate details? factory or shops and establishment.

Check your state's shops and establishment act sec 25 to know about the leave details.

TN shops and establishment act says as follows:

Holidays and sick leave:

(1) Every person employed in any establishment shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months: provided that such holidays with wages may be accumulated up to a maximum of twenty- four days.

(2) Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service

(a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him and

(b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.
28th September 2015 From India, Chennai
I Am Contractual Employees In The Ministry Under The Contractor, No Casual Leave, No Medical Leave Etc..... Provide By The Contractor Since Last 5 Years, no leave, nothing
28th September 2015 From India, Delhi
Thanks Divakar, My company is located in Gurgaon location and it’s a MNC (Japanese Company). If their is any particular section or Act no. please share it..
29th September 2015 From India, Gurgaon
You have not said whether your company is a manufacturing unit or a IT/ITES type.
There is no sick leave or casual leave is prescribed in factories act. As per sec 79 of factories act, An employee will be earned with one day leave for every 20 days work performed. An employee will eligible for those leaves after completion of 240 days or more in a calender year.
sec 14 of Punjab shops and establishment says as follows.
14. LEAVE.-
(1) (a)Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days.
(4) Notwithstanding anything contained in the foregoing sub-sections, every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.
29th September 2015 From India, Chennai
Thanks, Company Detail: Right now the company is Trading Company(only sale the product). Please tell me that the employee who is not-confirmed by the company is eligible for any type of leave.
29th September 2015 From India, Gurgaon
Your company will come under shops and establishment act. Please purchase a book on the above act and keep it with you / in your company.
Even an employee is not confirmed, you are supposed to provide 7 days casual leave and 7 days sick leave with wages in a year. you can calculate it on prorata basis and provide it from the date of joining, as 14 days is for whole year.
He may not be eligible for earned leaves unless he completes a year.
29th September 2015 From India, Chennai
As per law the leaves entitlement has no relation with confirmation.It is governed by the respective laws on leaves.
29th September 2015 From India, Thiruvananthapuram
Dear Mr. Varghese, Can you please elaborate, how leave entitlement has no relation with confirmation? Can you please share Act or section against this law?
30th September 2015 From India, Gurgaon
There is no law at national level on how and when an employee should be confirmed except a word 'probationer ' in the standing orders Act..This will not be applicable to non workmen and to all employees of establishments where SO Act is not applicable.In such cases the HR policies or terms of appointment order will govern the issue of probation or confirmation.

And leaves for employees in factories are governed by sec 79 of the Factories Act.As per this any worker who has worked for a period of 240 days in the previous year shall be given leave in next year @ one for every twenty working days irrespective of whether the worker is confirmed or not.

Sec 52 of the Mines Act has a provision for leave where in there is no requirement of confirmation.

Leaves in other sectors are governed by the respective state's Shops and Commercial Est Acts.You may check with your states Act.I do not think that confirmation is a condition for leave in any of such state Acts.

Maternity leave/benefits are governed by rule 56 of ESI rules or sec 5 of the Maternity benefit Act as the case may be.These provisions also do not say about confirmation other than contributory or service conditions .

04712542059
30th September 2015 From India, Thiruvananthapuram
Dear Sanchi Sudha,

There is a State Labour Legislation in Tamilnadu styled as " The Tamilnadu Industrial Establishments ( Conferment of Permanent Status to Employees ) Act,1981 " which mandates that every employee who has completed 480 days of continuous employment in an industrial establishment in a period of 24 calendar months shall be made permanent. Even that Act does not define what permanent status is; but just stipulates the condition for it and explains the conditional requirement in terms of the number of days the employee worked within the strech of time-frame prescribed, that's all. Only in Government Service relating to the discharge of its inalienable sovereign functions posts are classified as temporary and permanent and the question of cofirmation arises when a Govt.servant gets a lien to a permanent post only. In the matter of employment in industrial enterprises, there is no necessity for such a classification of posts rather than employees for the reason the scale of operations precisely determines the requirement of the number of people. The scale of operation is actually predetermined by the top Management / Employer of the industrial enterprise. After all, employment is a contract of service between two unequal parties viz., the employer and the employee. As such the mighty employer can exploit the poor employee by keeping him temporarily on a permanent nature of work for years together. That's why Law does not make any distinction between a permanent employee and temporary employee in respect of service conditions such as leave, wages, terminal benefits etc. It is actually the length of service and not the nature of appointment that entitles an employee for leave benefits available under any Labour Law applicable to his establishment.
30th September 2015 From India, Salem
Hi there !!!
There are mandatory leaves and other are part of contract between employer and employee. Mandatory are weekly off and Annual Leave with wages for factories, while for shops & establishment Annual leave and CL and SL.
In case of factories other leaves are either part of Standing Orders, leave policy or appointment letter or settlement between management and unions.
Thus except annual leave with wages (18/year) there is no guideline for other rtype of leaves in case of factories.
30th September 2015 From India, Mumbai
Dear Friends,
The queriest is from Gurgaon and his query is on CL and SL.
The queriest is subjected to Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave)
Act, 1965.
According to this Act, every worker is entitled to CL & SL as prescribed therein. Here, the term 'every worker' is to be taken for consideration while replying the said query. There is no terminology in the Act as confirmed worker, non confirmed worker or probation worker, temporary or casual worker etc.
Hope I have cleared the position.
30th September 2015 From India, Mumbai
Dear MADANAGOPALASWAMY,
It seems, you have not read the entire thread and replied.
The learned members need to respond any query on reading every posts in the thread. When the answer is already given to the queriest and that is too, in very specific words, and still anybody feels that answer is not correct and some thing else, he can correct it with substance.
You are telling the queriest that his query is not clear after I gave him specific answer with substance. Why I am writing this all because when I charge the corporates on giving such kind of reply, I am being challenged here.
1st October 2015 From India, Mumbai
Dear Mr. Korgaonkar,
Thanks for providing your valuable time to answer my query. I have gone to the act also, your point is absolutely correct n fine. Actually i have join the Japanese Company(Establishment ) in Gurgaon on 1st June, 2015 till date i am not confirmed in the organisation. Now While processing the last month Salary(September), they told me that i am not eligible for any kind of leave. and the leave i have taken in last few month will deducted from my salary. and there is no such policy or any where written in company document about the deduction of leave.
5th October 2015 From India, Gurgaon
Dear Sanchi,
Any of your search outside your own organisation may not help you, as every MNC has its well framed set of rules for employees, mostly known as employees manual or even a separate set of leave rules. So, better go through that manual first and come forward with your doubt, if any you get, for clarification. Otherwise, different versions of replies based on different set of rules can only create confusions for you.
5th October 2015 From India, Delhi
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™