Labour Law & Hr Consultant
[email protected]
Retired Government Servant/advocate

Hi All, We are in a process of implementing the "Employee Band & Grade Structure" across the organization. We have 30 leaves in a calendar year (Jan-Dec) but in that no division for CL, PL, SL but now we want to make that changes & another thing we want to make changes that according to the band & grade of the employee their eligibility for CL, PL, SL will differ but total no. of leaves i.e 30 leaves remain same.
So please guide me on how we should do division in CL, PL, SL among 30 leaves & can we make differentiation in leave eligibility for CL, PL, SL according to band & grade of the employees. Hoping to hear from you soon.

From India, Pune
Dear Priyanka,

Had you mentioned about the type of your establishment, our response could have been more specific. For example, if yours is a Shop or Establishment within the purview of any of the State Shops and Establishments Act, the total no should be more than 30 or as fixed in the respective State Act as the case may be. If it is a Factory, only leave with wages permissible in the succeeding year calculated @ one day for every 20 days worked in the previous year and not any other kind of leave. Thus the types and scales of statutory minimum leave benefits vary according to the type of the establishments. Anyway, no doubt all the leave mentioned are leave with wages only. Therefore, if the proposed revision is upward as per the statutory norms, well, you can go ahead. On the contrary, if the reshuffling of the numbers is in between the statutory leave and the the existing custom-based ones so as to affect the latter, you have to issue a 21 days notice u/s 9A of the Industrial Disputes Act,1947.

Statutory eligibility norms to the beneficiaries can not be varied according to your internal band/grade classifications.

From India, Salem
Dear Umakanthan,
Thanks for your Reply.
As requested by you I am providing you the further details.
We are Private Limited Company & our current staff is more than 30.
Please guide me how to proceed further based on above details
Thanks & Regards,
Priyanka Desai

From India, Pune
The basic premise defies logic. Why leave entitlement should defer based on Band Pay or Grade Pay? In my opinion all employees should be entitled for same number of leave.
From India, Kochi
Dear Priyanka, I think I’ve already answered your question. " Private limited Company" refers only to the constitution of the establishment and not its nature or type or classification.
From India, Salem
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