Leave Rules As Per Registered Office Or State Level - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Kanan
Head Hr
+2 Others

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If some company Registered office is at Delhi and Branches all over India than what will the leaves rules. Is leave rules where Registered office will apply or leave rules as per states where branches are leave rule apply. For ex. If registered office is at Mumbai and branches are at Delhi, Bangalore, Chennai, Kolkata and Hyderabad than leave rule of Mumbai state will apply on all of the branches or branch will have there own leave rules as per state leave rules.
Dear Friend,
As regard leave rules, there are casual leave, restricted holidays, national holidays, local leave/holidays, general holidays(during calamities, outbreaks like tsunami/heavy rain, heavy flood etc.,)
It is better to have leave days where the company headquarters situated (where registered office is located).. for restricted holidays let the employee decide when the leave required to be availed, national holidays are common to all irrespective of the company headquarters and other locations, casual leave is in accordance to the employee needs, local leave ---differ location to location..for kolkata .. kali pooja, for karnataka .. dasehra, for tamilnadu .. pongal...maharashtra..ganesh chaturdi/or other festivals..these festivals hardly take 2 to 4 days..
thus adhering to the location of company head quarters is good for an healthy functioning, all other leaves differ and the same can be managed with skeleton staff at the respective locations..
best of luck ...

The basic thing to be noted is that these offices, whether head quarter/ head office or branches, come under the respective State’s Shops and Commercial Establishments Act. Different Shops Acts have different leave rules and provisions for Holidays. For example, the employees in an office in Karnataka have to be given 5 days of National Holidays and five days of festival holidays in a year. They are to be given 12 days of Sick leave and earned leave at the rate of one leave for every 20 days worked in the preceding calendar year. The holidays in Tamil Nadu are 9 days and leaves are like CL of 12 days, SL of 12 days and PL of 12 days a year. In Kerala the number of holidays is 13 and the number of CL, SL and PL are 12,12 and 12 respectively. Since the offices are expected to be registered under the state Act, they are expected follow the rules of the respective state. However, nothing in these state Acts prevent the employees from getting more beneficial leaves or holidays. Therefore, if the holidays being followed in HO are more than the holidays to be declared under the State Industrial Establishments (National and Festival Holidays) Act you can have the same holidays in the branch offices situated in the other states also. Only thing to be ensured is to declare such holidays which are to be declared as National holidays which are mandatory under each state Act. For example, in Karnataka, November 1st is a mandatory holiday being State formation day. This may not be a holiday in the HO in Delhi or other place. Similarly in some states May 1st may not be a national holiday but in many other states, May 1st is a mandatory holiday. Regarding leaves also the same thing should apply and, therefore, you have to consider the minimum number of each type of leaves to be given under the each State Shops and Commercial Establishments Act before implementing a centralized leave system.

Madhu.T.K

Leave must be as per the respective state acts only. We faced this problem with the inspector who refused to accept the Registered office leave policy concept
Dear Mr. MADHU.T.K , My compliments for your reply. Will you kindly let me know no of Holidays as applicable in Delhi ? Regards, Col.Rathi
I understand that there is a provision of 3 national holidays (jan 26, Aug 15 and Oct 2) and four festival holidays under the Punjab Industrial Establishments (National and Festival Holidays & Casual and Sick leaves) Act which covers NCT of Delhi. There is a provision for 7 days CL. Sick leaves are 14 days, but this is not applicable to employees covered by ESI. These are applicable to Factories only. For establishments covered by Delhi Shops and Commercial Establishments Act, 3 national holidays are available. The Act also provides for weekly off after every 6 days of work to every employee. These weekly off are considered as holidays. The Act provides for 12 days Casual leave and 15 days PL after 12 months' service.
Madhu.T.K

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